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1. The plaintiff's main claim against the defendant C shall be dismissed.
2. Defendant B: 16,500,000 won to the Plaintiff.
Reasons
1. Basic facts
A. 1) On September 1, 2017, Defendant C agreed to grant a loan of KRW 400 million at a rate of 25% per annum to Defendant B, and that Defendant C shall be paid KRW 10 million up to October 1, 2017, KRW 10 million up to November 1, 2017, KRW 10 million up to December 1, 2017, KRW 10 million up to December 1, 2017, and KRW 370 million up to December 30, 2017. D jointly and severally guaranteed the Defendant C’s debt to the extent of KRW 50 million (hereinafter referred to as “first loan for consumption”).
(2) On May 11, 2018, Defendant C agreed to pay KRW 175 million to Defendant B at interest rate of KRW 25 million and interest rate of delayed interest rate of KRW 24% per annum. From June 5, 2018 to December 5, 2018, Defendant C agreed to pay KRW 10 million per month and KRW 15 million on December 31, 2018, respectively, and D jointly and severally guaranteed the Defendant C’s debt amount of KRW 175 million up to the limit of KRW 175 million.
(hereinafter referred to as the above loan for consumption is the second loan for consumption). (b)
On January 2018, the Plaintiff entered into a delegation agreement in relation to the lawsuit for return of unjust enrichment or criminal complaint filed by Defendant B and Defendant B against Defendant C (hereinafter “instant contract”). The relevant part of the instant contract is as follows. The term “A” and “B” respectively refer to Defendant B and the Plaintiff.
Article 6 (Advanced Remuneration) (1) A shall pay 15,00,000 won (excluding value-added tax) to B by January 31, 2019.
Article 7 [Remuneration] When delegated affairs have success in the adjudication, judicial or extra-judicial reconciliation (including recommendation of reconciliation), mediation (including a decision in lieu of mediation), etc. in the proceedings, such as a lawsuit on the existence of an obligation or a claim for return of unjust enrichment, it shall pay the performance remuneration of 30% (value-added tax separately) of the economic gains acquired by the delegated affairs through a claim for return of the existence of an obligation or unjust enrichment.
Provided, That the economic benefit is the sum of the remaining debt amount of KRW 180,000,000 and the amount returned through the claim for return of unjust enrichment against the other party C.