부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Based on the facts, on March 31, 2011, Holo Fund Co., Ltd. (hereinafter “ Holo Fund”), Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) jointly loaned KRW 23.6 billion, KRW 23 billion, KRW 23 billion, and KRW 8.5 billion, including KRW 8.5 billion.
In order to secure the claim of KRW 109.4 billion against Medidar Medar Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), Hodar Fund had the right to collateral security (hereinafter “the instant collateral security”) of USD 91.5 billion in US currency and USD 9.1 million in US currency (hereinafter “U.S. dollars”) owned by the Non-Party Co., Ltd. for the purpose of securing the claim of KRW 109.4 billion and the claim of KRW 91.4 billion in US currency as to the land and building on the non-party Co., Ltd. (hereinafter “U.”), but Hodar Fund and Korea Savings Bank, Gyeonggi Savings Bank, and the Defendant (hereinafter “Defendant et al.”) agreed to establish a pledge in proportion to the initial principal amount of the loan as to the above collateral security claim. On March 31, 2011, the Defendant agreed to set up a pledge on USD 3.9.3 billion in US dollars and 3.4 billion in US currency with each of the instant collateral security claims.
On February 14, 2012, the Defendant offset the amount of KRW 526,254,456 out of the above loan claims against Holo Fund by the automatic claim against the Defendant’s deposit claim against Holo Fund.
On March 21, 2012, when rehabilitation procedures were commenced by the Daegu District Court 2012.9, the Defendant, etc. reported each rehabilitation security right to the rehabilitation court, and the instant case.