부당이득금 및 손해배상
1. The Defendant shall pay to the Plaintiff KRW 210,90,000 and the interest rate of KRW 15% per annum from July 13, 2018 to the day of full payment.
1. Indication of claim;
A. A. Around 2012, the Defendant agreed to the Plaintiff that “Around December 14, 2012, the Plaintiff would have the Plaintiff change the name of the right to sell D apartment 105 Dong 1901 (hereinafter “instant apartment”) from the Defendant’s Chokon E to the Plaintiff, and pay KRW 40,000,000 to the Defendant.” Accordingly, between December 14, 2012 and January 9, 2013, the Plaintiff transferred KRW 40,000,000 to the agricultural bank account in the name of F, his/her father-si’s father-si’s father, to the Plaintiff.
B. On January 8, 2013, the Defendant changed the name of the instant apartment from E to the Plaintiff. On October 8, 2014, the Defendant acquired KRW 140,000,000 in total, following the completion of the registration of ownership transfer under the Plaintiff’s name on the instant apartment.
1) On October 8, 2014, the Defendant: (a) concluded a mortgage establishment registration on the instant apartment with the debtor as the Plaintiff; (b) concluded a loan of KRW 198,000 with the maximum debt amount of KRW 198,00,000 with the loan of KRW 180,000 from the Gyeongnam Bank; and (c) acquired the said loan in full; (d) on August 22, 2016, the Defendant acquired the said loan from the Gyeongnam Bank as the Plaintiff’s agent; (b) concluded a mortgage establishment registration with the maximum debt amount of KRW 255,60,000 (hereinafter “instant loan”); (c) concluded a lease contract with the Gyeongnam Bank as the Plaintiff’s agent; and (d) acquired the said loan amount of KRW 70,00,000 with the deposit amount of KRW 70,000 as the Plaintiff’s agent.
C. Meanwhile, the Plaintiff is a person with interest to the instant loan from January 2017 to June 2018.