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(영문) 서울동부지방법원 2018.07.17 2018가단109029
부당이득금
Text

The defendant shall pay to the plaintiff KRW 50,119,283 as well as 5% per annum from March 8, 2018 to April 2, 2018 and the next day.

Reasons

1. Basic facts

A. On December 24, 2014, the Plaintiff entered into a credit transaction agreement with A on a credit transaction agreement (hereinafter “credit transaction agreement”) with a company facility general funds and credit limit amounting to KRW 720 million (hereinafter “credit transaction agreement”). On the same day, the Plaintiff entered into a credit transaction agreement with A on a credit transaction agreement with a company facility general funds and credit limit amounting to KRW 120 million (hereinafter “credit transaction agreement”).

B. On December 24, 2014, the Plaintiff entered into a mortgage contract with A and Gyeonggi-do on the five floors of mass restaurants and accommodation facilities, water tank rooms, and stairs rooms (hereinafter collectively collectively referred to as the “instant real estate”), and completed the registration of creation of a mortgage on the same day with respect to the Plaintiff, the debtor, and the maximum debt amount of KRW 864 million (hereinafter referred to as the “mortgage 1”) in the vicinity of the Plaintiff, the debtor, and the maximum debt amount of KRW 864 million.

C. On December 31, 2014, the Plaintiff entered into a credit card transaction agreement (hereinafter “instant credit card agreement”) with a maximum amount of five million won, setting the credit card transaction amount as five million won.

On February 26, 2015, the Plaintiff entered into a credit transaction agreement (hereinafter “third credit transaction agreement”) with A to cover KRW 48,000,000,000 for corporate facilities general and credit (hereinafter “the third credit transaction agreement”). On the same day, the Plaintiff entered into a mortgage agreement with A with respect to the instant real estate, and completed the registration of creation of a collateral security agreement (hereinafter “the second credit security agreement”) with the Plaintiff, the debtor, and the maximum debt amount of KRW 57,60,000 with A.

E. The Plaintiff changed the obligor into D on September 25, 2015, and E on March 30, 2017, respectively, due to the acceptance of the contract, with respect to the credit transaction agreements and Nos. 1, 2, 3, and 1, and 2, with A, and the obligor of the instant first and second collateral mortgages was also changed accordingly.

F. Meanwhile, on June 29, 2016, the Defendant concluded a contract regarding the instant real estate on June 28, 2016.

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