부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 28, 2008, the Plaintiff entered into a credit guarantee agreement with the Korea Industrial Bank of Korea (hereinafter “No. 1”) stipulating the guaranteed amount as KRW 540 million (hereinafter “Guarantee No. TRA-2008-01197, hereinafter “Guarantee No. 1”) with respect to the CoCo Services (hereinafter “Co Services”), and on August 2, 2013, a credit guarantee agreement with the Korea Industrial Bank of Korea (hereinafter “No. 2.430,00 won”) stipulating the guaranteed amount as KRW 2.187 million with respect to the CoCo Services’s facility loan (hereinafter “No. 2 loan”).
B. CoCo-services was granted the respective loans from the Industrial Bank of Korea under the guarantee under the respective credit guarantee agreements of the Plaintiff.
C. The Industrial Bank of Korea completed the registration of establishment of a new establishment for the purpose of securing the above loans against CoCo services.
1) On March 9, 201, with regard to the land indicated in paragraph (1) of the attached Table No. 1, which owned CoCo Services, the building listed in paragraph (2) of the attached Table No. 2, which owned CoCo Services owned on March 9, 201, following the completion of the registration of the establishment of a neighboring mortgage set out by the obligor CoCo Services, the CoCo Services, the Bank of Korea, and the Bank of Korea, as a collateral for CoCo Services (hereinafter referred to as “instant real estate”
3) The establishment registration of a neighboring mortgage added to the above collective collateral security (hereinafter “first collateral security”) is completed.
(2) On July 9, 2012, the instant real estate was registered as a factory on July 1, 2014, with the maximum debt amount of KRW 120 million, the debtor’s co-services services, and the establishment of a mortgage near the Industrial Bank of Korea established by the mortgagee (hereinafter “second collateral mortgage”). On September 27, 2013, the instant real estate was registered as a factory on September 27, 2013, with the establishment of a mortgage set forth by the Industrial Bank of Korea as the maximum debt amount of KRW 2.916 billion, the debtor co-services services, and the debtor co-mortgage services.