부당이득금
1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company that runs the business of purchasing collateral bonds.
B. On August 20, 2014, the Defendant completed the registration of the creation of a neighboring mortgage (hereinafter “instant collateral security”) in the name of C association, the maximum debt amount of which is KRW 481,00,000,000 (hereinafter “each of the instant real estate”) on August 25, 2014, in order to secure the obligation for the said loan by obtaining a loan of KRW 370,000 from C association with the interest rate, overdue interest rate, etc. as follows: < Amended by Act No. 12554, Aug. 25, 2014>
(hereinafter referred to as the “instant loan”). Interest rate, etc.: Rate of fluctuation: Interest rate of treasury procurement interest rate of 1.4% of interest rate of treasury loan and delay compensation method: The rate of delay compensation shall be determined by adding the following overdue interest rate to the loan interest rate set forth above: Provided, That the maximum delay compensation rate shall not exceed the highest delay compensation rate
(a).
Where the period of arrears is not more than three months: 11% per annum;
(b) Where the period of arrears is not more than six months: 12 percent per annum;
(c) Where the period in arrear is more than six months: 14% interest rate per annum: 20% interest payment time per annum: the 29th of each month;
C. After December 29, 2015, the Defendant delayed interest from December 29, 2015, C.C. filed an application for a voluntary auction on each of the instant real estate and rendered a decision to commence the auction.
(Seoul Western District Court E, hereinafter referred to as “instant voluntary auction”). D.
C. On June 27, 2016, the cooperative entered into a contract with the Defendant to transfer the instant loans and the instant collateral security to the Plaintiff. On June 30, 2016, the cooperative notified the Defendant of the transfer. The details of the amount of credit transferred as of June 30, 2016 are as follows:
[The amount of auction costs under the following] KRW 4,973,390, the auction costs for each of the instant real estate owned by the Defendant, is to secure the obligation that the Defendant borrowed from the C Association, separate from the claim for the instant loan.