부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On June 30, 1993, E, etc., who were employees of a mutual savings and finance company on the preceding day (the title of the mutual savings bank was changed before the preceding day, but hereinafter referred to as the “mutual savings and finance company”) were issued a promissory note with the issuer F, and the due date of payment, August 30, 1993, which was the Seoul Trust Bank and Finance Branch (hereinafter referred to as the “instant promissory note”), requested the Plaintiff to obtain a discount loan from the mutual savings and finance company in the name of the Plaintiff, and approved by the Plaintiff.
B. Of the amount of KRW 15,00,000 from a bill discount loan of KRW 15,00,000 that was borrowed under the foregoing circumstances, KRW 14,250,000 was deducted, and KRW 361,439 was deposited in the F’s account, respectively.
C. On August 30, 1993, the due date of the bill of this case, the mutual savings and finance company deposited the bill of this case into the mutual savings and finance company account of the defendant's Gun branch on August 28, 1993, two days before the due date, but the bill of this case was not deposited on August 30, 1993, and the bill of this case was returned to the defendant's Gun mountainous district via the clearing house on August 31, 1993.
E, etc., when the bill of this case was not settled at the due date, again issued a promissory note on August 31, 1993, and received additional KRW 15,000,000 from the mutual savings and finance company prior to the due date in the Plaintiff’s name by means of obtaining a loan for the discount of the bill, and deposited KRW 15,000,000 in the mutual savings and finance company prior to the due date of the bill of this case as the payment for the default of the bill of this case.
E. After confirming that the Defendant deposited KRW 15,000,000, the Defendant prepared a notice of payment in default and submitted it to the clearing house, and returned the instant bill to the mutual savings and finance company on the day preceding the date of deposit.
[Ground of recognition] Unsatisfy, Gap 3-3.