beta
(영문) 서울고등법원 2015.03.26 2014나2031989

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The National Agricultural Cooperative Federation (hereinafter referred to as the “Defendant”) set up several collateral mortgages on each of the real estate listed in the separate sheet No. A owned by it (hereinafter collectively referred to as “Ssung real estate”) and each of the real estate listed in the separate sheet No. 2 list No. 1 owned by it, owned by it, in order to secure the Defendant’s obligation to the Franchisor of the Agricultural Cooperative Association (hereinafter referred to as “Franchisor”) as listed below.

(Individual Real Estate is specified as "Real Estate I in Sung-nam" on the basis of the sequences in [Attachment 1 and 2]. (b)

The main contents of the contract to establish each of the above collateral security (hereinafter referred to as the “each of the instant collateral security”) are as follows:

Article 1 (Creation of Collateral Security)

2. All other incidental obligations concerning credit transactions, such as liabilities on a debt guarantee bill or check, liability for delay of debt, expenses, insurance premium to be borne by the obligor (referring to the debtor) against the obligee (referring to the defendant) and in the future, due to certificates of discount of bills, loans, bank loans, payment guarantees (including bond guarantees), sales claims, mutual savings accounts, installment transactions, securities lending, foreign exchange transactions, and other incidental obligations arising from credit transactions in the present and future;

4. Periods;

(a) not designate;

In such cases, when three years have elapsed from the date of the contract, the developer (referring to the gold source or A; hereinafter the same shall apply) may express his/her intent to terminate this contract in writing, and the effect of termination shall be 45 days after the date of arrival of the obligee of the declaration of intention, and in this case the secured obligation shall be determined.

Article 5 (1) The founder of an insurance contract shall enter into an insurance contract with an insurer chosen voluntarily for the kind and amount of money designated by the creditor on the articles on collateral security, so long as this contract survives.