부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 10, 2011, the Defendant lent KRW 200 million to B Co., Ltd., and borrowed KRW 250 million from the Defendant on March 10, 2011, the Defendant received a notarized deed from B Co., Ltd., the effect that “B Co., Ltd., borrowed KRW 250 million from the Defendant on March 10, 201, and divided KRW 50 million on five occasions from April 30, 201 to August 31, 2011, and paid damages for delay calculated at the rate of 44% per annum if delayed the payment of the above amount.”
(hereinafter referred to as “instant notarial deed”). (b)
B During the period from April 29, 201 to October 13, 2011, a stock company paid 110 million won out of the borrowed money to the Defendant.
C. Based on the instant notarial deed, the Defendant filed an application for the attachment and assignment order of the claim against “147,932,054 won out of the E Library Construction Price Claim against the Defendant, 147,932,054 won out of the E Library Construction Price Claim against the Defendant, Jinwon District Court, Jinwon Branch Branch, 201, 5757, as the obligor, and Dae Man Construction Co., Ltd., Ltd., as the garnishee.
On October 19, 2011, the Defendant received a claim attachment and assignment order (hereinafter “instant assignment order”) from the above court (hereinafter “instant assignment order”). On November 30, 201 of the same year, the said assignment order became final and conclusive, but the Defendant failed to recover the amount in accordance with the instant assignment order, depending on the default of the third obligor’s construction company.
E. On the other hand, on August 10, 2012, the Plaintiff, the representative director of the Company B, issued to the Defendant a written confirmation of payment that “the Plaintiff shall pay KRW 90 million to the Defendant, which shall be KRW 10 million until August 31, 2012, KRW 20 million until September 30, 2012, KRW 30 million until October 31, 2012, KRW 30 million until November 30, 2012, and KRW 30 million until November 30, 2012.” The Plaintiff, the representative director of the Company B, issued to the Defendant a written confirmation of payment that “the Plaintiff shall pay interest of KRW 110 million to the Defendant at the statutory interest rate on the date of repayment.”
hereinafter referred to as "the case."