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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) On December 16, 201, the Plaintiff entered into a sales contract with the Defendant and the Plaintiff to purchase KRW 1104, 1105, and 1106 of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, which is used as a public notice source owned by the Defendant (hereinafter “instant sales contract”).
(2) On the date of the contract, the Plaintiff paid the Defendant the remainder of KRW 88,823,00,000, including the sum of KRW 411,177,000,00,000,000, which the Plaintiff agreed to succeed, among the remainder of KRW 500,000,000,000,000, including the loan of KRW 330,000,000,000,000,000,000,000, as indicated below, on January 30, 2012.
(3) On March 30, 2012, the Plaintiff entered into a quasi-loan agreement stipulating that the Plaintiff would borrow from the Defendant and repay the remainder (hereinafter “instant loan”) until September 30, 2012 (hereinafter “quasi-loan for consumption”).
B. The Defendant’s claim for the instant loan (1) filed the instant lawsuit against the Plaintiff (hereinafter “the instant lawsuit”). On May 14, 2013, the said court rendered a judgment (hereinafter “the judgment of the lower court”) that “the Plaintiff shall pay to the Defendant KRW 60,000,000 and interest calculated at the rate of 5% per annum from October 1, 2012 to November 25, 2012, and 20% per annum from the following day to the date of full payment” (hereinafter “the judgment of the lower court”).
(2) The judgment in the previous suit was all dismissed, and became final and conclusive on March 31, 2014, as it became final and conclusive as is, as the Plaintiff’s appeal and final appeal.
(3) On the other hand, on December 23, 2013, the Plaintiff deposited KRW 73,380,820 (hereinafter “instant deposit”) total of KRW 60,000,000 and KRW 13,380,820 (hereinafter “instant deposit”) with the Defendant as the principal deposit, and around that time, the Defendant received the instant deposit money.
C. The Plaintiff’s claim for restitution of unjust enrichment (1).