1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. In the first instance trial, the Plaintiff sought damages for tort by forging the loan certificate, receipt, and performance note in the name of the Plaintiff, and thereby establishing the right to collateral security on the Plaintiff’s real estate. The Plaintiff sought a return of unjust enrichment by the Defendants’ arbitrary use of the money received under the Plaintiff’s name. The first instance court dismissed the primary claim and partly accepted the conjunctive claim.

As the Defendants appealed, this Court decides only the conjunctive claim.

2. Basic facts

A. The Plaintiff and F are the married couple, and the Plaintiff was the representative director of G Co., Ltd. [H Plaintiff Co., Ltd., on March 10, 2010]. On March 10, 2010, the Plaintiff retired from the office of representative director by changing the trade name of “Co., Ltd. G” to “A” (which maintains the position of internal director as it is), and on March 16, 2010, the registration of the change of the above trade name and the retirement of the representative director was also made.

the trade name was changed;

hereinafter referred to as “G”

[2] Defendant C, along with Defendant D, engaged in the same trade name as Defendant D, and Defendant C, from around 2001, is the representative director of the J Co., Ltd. (hereinafter “J”) from around 2008.

B. The loan certificate of this case and the establishment of the right to collateral security 1) F are each real estate listed in the separate sheet owned by the Plaintiff (hereinafter “instant real estate”).

(2) On January 29, 2010, F requested the Plaintiff to submit documents necessary for the registration of the establishment of the neighboring mortgage for the purpose of borrowing money as collateral. The Plaintiff issued F’s seal imprint tickets, identification cards, etc. to F, and delegated F with the registration of the establishment of the neighboring mortgage on the instant real estate. 2) On January 29, 2010, F delegated F to Defendant D, an employee of Defendant C through K, one of its own employees.