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(영문) 전주지방법원 2016.09.28 2016가단7328
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Each loan to Defendant Bank C: (a) on July 22, 2011, the Defendant Bank extended a loan of KRW 130 million to Defendant Bank on July 22, 201 (hereinafter “instant loan”); (b) KRW 130,000,000,000 from the loan date; (c) July 22, 2011; and (d) July 6, 2012 from the expiration date of the credit period; and (d) KRW 130,00,000,000 to the loan (hereinafter “instant first loan”).

(2) On September 5, 2013, the Defendant bank entered into a credit transaction agreement with C to provide loans of KRW 100 million (hereinafter “instant second loans”) on a credit basis, setting as of September 5, 2013, setting as of September 5, 2013 from the expiry date of the credit.

B. 1) At the time of entering into the instant loan agreement, the Defendant bank concluded a mortgage agreement with C and the debtor C, and the scope of the secured debt, and the maximum debt amount of KRW 169 million with the maximum debt amount set forth in the comprehensive collateral security at the time of entering into the instant loan agreement (hereinafter “mortgage agreement”).

(C) Each of the real estates listed in the separate sheet (hereinafter referred to as “instant real estate”).

2) As to the establishment registration of a neighboring collective security (hereinafter “instant collective security”) by the Jeonju District Court No. 48399, Jul. 22, 2011

(2) Upon completion of the instant mortgage contract (hereinafter “instant mortgage contract”) in regard to the scope of the secured obligation under Article 1 subparag. 1 of the Act, the stipulation “a creditor may choose any of the following three types (including any specific collateral security, limited collateral security, and comprehensive collateral security) different from the scope of the secured obligation, and the developer shall include interest, damages for delay, and other incidental obligation) as collateral in the same text.” In addition, the stipulation “as to the scope of the secured obligation under Article 1 subparag. 1 of the Act is written in the same text.”

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