부당이득금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The underlying facts and the grounds for the court’s explanation as to this part of the parties’ assertion are as follows: (a) the “1. Basic Facts” and the “party’s assertion” in the first instance judgment: (b) the “F” of the second 9” shall be read as “H”; (c) the “Article 331(2)” of the third 18” shall be read as “Article 31(2)”; and (b) the “value 292,00,000,000” of the third 16th 16 shall be read as the “value 230,492,771,” and thus, it shall be cited as it is the corresponding part of the first instance judgment, in addition to the alteration of the “value 292,00,000 won of the instant pledge” of the third 16th 16
2. Determination
A. Article 338 of the Commercial Act (amended by Act No. 12591, May 20, 2014) provides that “The pledgee shall deliver share certificates to the pledgee for the purpose of pledge” (Paragraph 1), and the pledgee shall not set up against a third party by the pledge unless he/she continues to possess the share certificates (Paragraph 2). Here, in order to transfer the possession of share certificates, which are necessary for the establishment of the pledge right, in addition to the real delivery (delivery), a simple transfer of the right to request a return is allowed, and in order to transfer the possession of share certificates to a third party by transfer of the right to request a return, a pledger who directly occupies the share certificates shall transfer the right to request a return to the pledgee. In such cases, the pledgee’s consent or notification to the third party as requisite for the establishment of the pledge right shall be given to the pledgee, and Article 301(3)6 of the Commercial Act provides that “The depositor shall prepare and keep the name and address of the depositor and address of the third party.”