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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. On May 10, 2005 and May 15, 2005, the Plaintiff issued two negotiable certificates of deposit in the attached list (a total of KRW 200,000,000,000,000) to the Defendant as security and borrowed KRW 15,000,000 from the Defendant as security the Defendant borrowed KRW 20,000,000 from the Defendant (hereinafter “the instant borrowed money”) may be acknowledged by either the dispute between the parties, or taking full account of the overall purport of the pleadings as set forth in subparagraph 3 and subparagraph 2 (including the serial number; hereinafter the same shall apply).
2. Judgment on the plaintiff's claim
A. The gist of the Plaintiff’s assertion was that C, who proceeded with the lawsuit on the instant certificate of deposit with the Plaintiff’s delegation, repaid the instant loan through his wife on August 16, 2006 and received the return of the said certificate of deposit from the Defendant, but did not contact with the Defendant.
However, at the time, the Defendant already disposed of the instant certificate of deposit in another place without the Plaintiff’s permission and recovered KRW 40 million as the name of the loan and interest of this case. The Plaintiff sought a return of unjust enrichment of KRW 160 million from the first instance trial to the Plaintiff with unjust enrichment of KRW 180 million, and sought payment of KRW 160 million as unjust enrichment or damages, but did not reduce the purport of the claim.
There is an obligation to pay any and any damages for delay.
B. According to the statements in Evidence Nos. 3, 4, and 5, C filed a lawsuit against Gwangju Bank seeking payment of KRW 500 million in total paid-in amount of negotiable certificates of deposit and its delay damages, claiming that C is a holder of five negotiable certificates of deposit issued by the Gwangju Bank including the instant negotiable certificates of deposit, around January 2005. The lawsuit is pending between the Plaintiff and C on April 11, 2006.