beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 14, 2010, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) on the credit guarantee principal, 300,000,000 won, and the lending bank as D Bank. E, the representative director of the Nonparty Company, jointly and severally guaranteed the obligation under the said credit guarantee agreement.
B. On January 31, 2011, an accident of guaranteeing that the non-party company was unable to repay its loans to the D Bank. On March 31, 2011, the Plaintiff subrogated to the D Bank KRW 304,086,986 for the principal and interest of the loan of the non-party company.
C. On May 25, 2011, the Plaintiff filed an application with Nonparty Company and E for a payment order seeking reimbursement of reimbursement with Seoul Western District Court Decision 201Hu3865, Jun. 2, 2011, the said court ordered the Plaintiff to pay jointly and severally with the company E, for KRW 304,66,446, and for delay payment for KRW 304,086,986,986. The said payment order was finalized on August 19, 2011.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion (1) on December 31, 2010, immediately before the closure of the non-party company, E embezzled the money of the non-party company into its own F Bank account (G), and then remitted the money to the Defendant, one’s wife, totaling KRW 30,009,000 on January 25, 201, and KRW 5,009,000 on February 16, 201, and the Defendant paid the money for living expenses and E.
(2) At the time of receiving the above money from E, the defendant is obligated to return the above money to the non-party company for unjust enrichment, since he knew that the source of the above money was the money of the non-party company embezzled by E or was paid with gross negligence.
(3) Therefore, the Defendant is obliged to pay KRW 30,009,000 and damages for delay to the Plaintiff, who exercised by the Nonparty Company in subrogation of the claim for reimbursement against the Defendant with the claim for reimbursement against the Nonparty Company as the preserved claim.
(b) judgment;