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(영문) 서울북부지방법원 2018.04.12 2017나37605

부당이득금

Text

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.

Reasons

1. Basic facts

A. The Defendant National Bank Co., Ltd. (hereinafter “Defendant”) merged with the Korea Housing and Commercial Bank Co., Ltd. on November 1, 2001. The National Bank Co., Ltd. (hereinafter “Defendant”) prior to the merger, the Korea Housing and Commercial Bank Co., Ltd., and the National Bank after the merger. On March 10, 1994, between A and A on March 10, 1994, its ownership No. 102 of the Gangseo-gu Seoul Metropolitan Government first floor C (hereinafter “instant real estate”).

2) As to the registration of establishment of a mortgage on the first priority basis of the following contents: (a) the establishment of a mortgage on the first priority basis of the same date (hereinafter “the first priority mortgage”).

The court completed the proceedings.

1. The debtor: B;

2. Scope of secured debts: Loans to bills or notes, discount of notes, instrument loans, current or future loans, payment guarantees (including bond guarantees), sales claims transactions, mutual installment transactions, securities lending, foreign exchange and other credit transactions, guaranteed liabilities, interest liabilities, overdue damages, liabilities owed by the debtor against the defendant, all other incidental obligations, such as insurance premiums, etc., which are payable by the debtor against the defendant;

3. Maximum debt amount: (a) After April 24, 1997, the Defendant concluded a collateral guarantee contract with B with the following contents; (b) on April 28, 1997, 40 million won; (c) on April 28, 1997, the credit period of 400 million won was determined as the interest rate of 13.75% per annum; and (d) at 19.5% per annum (hereinafter referred to as “the principal and interest of this case”).

1. Debtor: D Co., Ltd. (hereinafter “D”).

A person shall be appointed.

2. Scope of a guaranteed obligation: above with respect to the defendant, a bill loan, discount of notes, instrument loan, overdraft loan, payment guarantee (including bond guarantee), sales, mutual installment transaction, bond acceptance, securities lending, foreign exchange transaction, and any other obligation arising from credit transaction, guaranteed obligation, and with the defendant and any third party.