부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The relationship and loan 1) The parties are Co., Ltd. B (the “Limited Company C” before and after the change, and the “Nonindicted Company” before and after the change.
B) From February 2004 to April 2007, the Bank extended a total of KRW 1,440,000,000 (hereinafter “instant loan”) five times as indicated in the following table from the Industrial Bank of Korea (hereinafter “instant loan”). However, when a loan is referred to as “instant loan,” it refers to “the instant loan”.
(2) The Credit Guarantee Fund received the instant loan from February 2004 to April 2007, and the non-party company entered into each credit guarantee contract (hereinafter “the instant credit guarantee contract”) to guarantee the instant loan, and the Plaintiff entered into a joint and several guarantee contract with the Credit Guarantee Fund for the amount of indemnity to be borne by the non-party company to the Credit Guarantee Fund in accordance with the instant credit guarantee contract.
3) When the Industrial Bank of Korea executes the instant loan to the non-party company as indicated below, it concluded a mortgage contract with the non-party company as collateral for the instant loan, and each real estate listed in the separate sheet owned by the non-party company (hereinafter “the instant real estate”).
2) As to each registration of establishment of the right to collateral security (hereinafter “instant right to collateral security”).
The Credit Guarantee Fund has completed the loan, and thereafter the loan was partially terminated pursuant to the credit guarantee agreement set forth in the credit guarantee agreement of this case. The amount of the loan set forth in the credit guarantee agreement of this case (limited to only the maximum debt amount) on the date and time of establishment of the right to collateral security, the date and time of the credit guarantee, and the balance after the partial termination of the credit guarantee amount (limited to only the maximum debt amount) on the date and time of establishment of the right to collateral security (the maximum debt amount shall be 16, 16, 38,004. 45, 600 on April 9, 2004; December 31, 2011; 30, 2000; 12, 260. 8. 25, 200, May 25, 2000; 18, 2004; 75, May 13, 2004;