(영문) 서울중앙지방법원 2018.05.24 2017나75608

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.05.24 2017나75608

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 31, 2012, the National Bank Co., Ltd. (hereinafter “National Bank”) entered into a credit transaction agreement with B to grant a loan by setting the loan as a general loan for the subject of loan, the loan amount of KRW 236,00,000,00, and the loan period of three years, the interest rate of loan, the interest rate of KRW 236,00,000, and the repayment method at maturity (hereinafter “first loan agreement”) with B, while lending KRW 236,00,00 to B, as a loan to B, the amount of KRW 721,00,000 (hereinafter “D”) and completed the mortgage contract with D Co., Ltd., Ltd. (hereinafter “B”), 587/721, out of the 721,000 square meters on a road, the F. 1405, G. 272, and H. G. 272, which is owned as a collateral security contract (hereinafter “the instant real property”).

B. Upon entering into the instant mortgage contract, C and H stated C as “here-designated type” in the blank space within the boundary of the secured obligation under the document of a mortgage contract (Evidence A No. 1) signed by C on behalf of a person who has pledged his/her property to secure another’s property, and stated C and H as “here-designated type” in the blank space within the boundary of the secured obligation, and written as “the maximum debt amount” in the column of the maximum debt amount and “the maximum debt amount”

C. With regard to the scope of the secured obligation, the written contract of the instant mortgage is printed with three types of collateral as shown below in the vice versa, and C entered the same as the type of transaction in the column of the limited collateral guarantee as the type of transaction.

(1) A specific collateral security: A debtor shall be bound to pay to the creditor all his/her obligations that he/she owes in the present and future through transactions pursuant to the following agreements, the agreement on the date of each year, and the agreement on the date of each year.

유사 판례

-대전지방법원천안지원 2015.02.05 2014가단8857

-대전지방법원 2021.04.22 2020가단13790

-창원지방법원 2020.07.02 2019나60568

-광주지방법원목포지원 2020.02.05 2019가단478