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(영문) 부산지방법원 2019.10.10 2018나52365

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Defendant entered into a general loan transaction agreement with Nonparty C and a mortgage creation 1) with respect to the loan transaction agreement with Nonparty C, ① the loan limit of KRW 270 million on October 23, 2015, and the interest rate of KRW 1.59% per annum on the basis of the annual average deposit interest rate of KRW 270 million on October 23, 2015, and the agreed delay damages rate of KRW 18% per annum (hereinafter referred to as the “liability under the agreement”).

(2) On the same day, following the conclusion of a general loan transaction agreement with an annual interest rate of 3.64% per annum on the basis of the amount of loan limit of 30 million won, the amount of deposit at interest rate of 3.64% per annum on the basis of the nationwide average interest rate of deposit, and following the conclusion of a general loan transaction agreement with an annual interest rate of 18% per annum on delayed damages (hereinafter referred

(2) On October 27, 2015, the Defendant concluded a mortgage contract with respect to D Apartment E (hereinafter “instant real estate”) owned by C, with a maximum debt amount of KRW 324 million, and completed the registration of the establishment of a neighboring mortgage with the Daegu District Court Branch No. 169363, Oct. 27, 2015, as of October 27, 2015.

(hereinafter referred to as “first collateral security”) The term “the scope of the secured obligation” in the foregoing collateral security agreement refers to “the transactions of general loans and MCI mortgage loan” as “the transactions of credit for general loans and MCI mortgage loan.”

B. On November 9, 2015, F entered into a mortgage agreement with C with respect to the instant real estate owned by C, with the maximum debt amount of KRW 85 million, and completed the registration of establishment of a neighboring mortgage with the Daegu District Court No. 17977 on the same day as the Seog District Court subsidies (hereinafter “second neighboring mortgage”).

(2) On April 1, 2016, upon filing an application for voluntary auction based on the foregoing right to collateral security, the Plaintiff registered the entry of the decision to commence voluntary auction on the said real estate to Seo-gu District Court Branch G with Seo-Support on April 1, 2016. 2) from F on July 13, 2016.