부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On June 20, 2008, the Plaintiff entered into a credit transaction agreement with A Co., Ltd. (hereinafter “A”) to lend KRW 500 million (hereinafter “instant loan”) at the interest rate, market interest rate of delay damages (NM3) 2.05%, and at April 7, 2009 (hereinafter “the instant credit transaction agreement”), and lent KRW 500 million to A.
On the other hand, B, the representative director of A, had completed the registration of creation of a neighboring mortgage to the Plaintiff as the obligor, A, and the mortgagee of the right to collateral security (hereinafter “the instant real estate”) on the same day, in order to secure the Plaintiff’s obligation under the credit transaction agreement of the instant case on the same day, the maximum debt amount was KRW 650,000,000,000,000 won.
(2) The Defendant Credit Guarantee Fund (hereinafter “Defendant Company”) completed the provisional attachment registration of KRW 532 million in the claimed amount as of December 15, 2014, under Article 187271, which was received on December 15, 2014, as to the instant real estate, the registration of provisional attachment of KRW 532 million in the claim amount, and Defendant New assistant 2013 and 13-backed securitization specialized company (hereinafter “Defendant Company”) completed the provisional attachment registration of KRW 540 million in the claimed amount as of December 31, 2014 as of the instant real estate by the receipt of No. 197457, Dec. 31, 2014.
On July 9, 2015, the Plaintiff filed an application for a voluntary auction of real estate rent D with respect to the instant real estate, with the payment of the principal of KRW 477 million and damages for delay, at KRW 35,875,486, on the basis of the registration of the creation of the instant mortgage (i.e., the instant loan amounting to KRW 512,875,486). On July 10, 2015, the Plaintiff received a decision to commence voluntary auction from the same court on July 10, 2015, on the following day.
(hereinafter “instant auction procedure.” At the instant auction procedure, the Plaintiff submitted a bond statement stating the principal amount of KRW 190,800,000, interest of KRW 27,228,197, total amount of KRW 218,028,197 as the amount of credit on January 5, 2016.
In the instant auction procedure, 496,568,322 won, which is the date of distribution, is the actual amount to be distributed on January 13, 2016.