부당이득금
1. All of the plaintiff's claims are dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The business of constructing a new commercial building in this case; and
A. A. A Co., Ltd. (hereinafter “B”) as an executor, decided to newly construct a Class B neighborhood living facility D shop (hereinafter “instant commercial building”) with the total floor area of 6,820 square meters, 3 stories underground, and 11 stories above ground on the ground of Kimpo-si, Gyeonggi-do.
(hereinafter referred to as “instant new commercial building project”). (b)
B received a loan from the Kimpo Agricultural Cooperative on April 20, 2009 for the instant commercial building site, and made a registration of establishment of collateral security in the instant commercial building site by Kimpo Agricultural Cooperative.
Claim for the Construction Cost of this case
C. On June 12, 2009, B entered into a contract with Defendant Gyeyang C&C for the construction of the instant commercial building at KRW 6,127,00,000 (hereinafter “claim for the Construction of the instant commercial building”) and thereafter on April 8, 2010, the instant commercial building site was disposed of and trusted to the International Trust Co., Ltd., and on April 8, 2010, Defendant Gyeyang C&C was designated as the first beneficiary for the amount equivalent to the construction cost out of the trust principal and trust proceeds of KRW 6,127,00,000.
Loan Bonds of this case
D. B entered into an agreement on March 31, 2010 to borrow KRW 1,40,000,000 from Defendant Gyeyang C&C for the purpose of raising funds for the new construction of the instant commercial building by setting the annual interest rate of 12% (24% per annum) until December 31, 2010.
Accordingly, Defendant Gyeyang C&C lent money to B from T&C Mutual Savings Bank (which was the first mutual savings bank of Korea, but was changed to the T&C Mutual Savings Bank of Korea on August 30, 2010, and was changed to the T&C Savings Bank of Korea on September 24, 2010; hereinafter “Exchange Savings Bank”), and delivered money to B.
(hereinafter “instant loan claims”). (e) The instant loan claims are:
B In order to secure the obligation of Defendant Yangyang C&C to the Korea T&C Bank.