(영문) 의정부지방법원 2015.09.25 2015나6402

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(영문) 의정부지방법원 2015.09.25 2015나6402

부당이득금

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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. On August 18, 2010, the Defendant concluded a written loan transaction agreement with B, and implemented the loan under the conditions that the loan in general (type of loan), the loan amount of 189,000,000 won, the CD circulation rate of interest rate of 2.87%, the loan period of 18 August 18, 2010 and the repayment period of 5 years after August 18, 2015, and 2.0% of the loan in general (type of loan) loan, the loan amount of 15,00,000 won, the base rate of interest rate of 2.0% of the loan amount, the expiration date of the repayment period of 20% on August 18, 2011.

B. On August 18, 2010, the Defendant prepared an application for entry into a credit card with B and issued a credit card for the examination limit of 3,900,000 to B.

C. On September 15, 2010, the Defendant concluded a mortgage-backed contract with B (hereinafter “mortgage-backed contract”) and set up a mortgage-backed claim (226,800,000 as to the C building 404, 103 at the time of strike.

According to the instant mortgage contract, the said mortgage is a limited collateral, and the obligor guarantees all obligations that are currently and future due to the obligor’s transaction of document lending and credit card transaction to the obligee as a limited collateral.

Since then, as B did not pay the debt of each of the instant deed loans, the Defendant filed an application for the auction of real estate rent (hereinafter “instant auction procedure”) with the Jung-gu District Court Goyang Branch D.

In the auction procedure of this case, the Defendant received 226,80,000 won, the maximum debt amount, and the Plaintiff received 65,391,934 won, each amounting to 59.45% of the credit amount as the lessee.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3 through 7, Eul evidence 1 to 3 (including each number, if any) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff secured the limited security contract of this case.

유사 판례

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