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(영문) 춘천지방법원 강릉지원 2018.03.13 2017나30849
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On February 24, 2014, the Plaintiff concluded a mortgage contract of this case (hereinafter “instant apartment”) on the following grounds: (a) on February 24, 2014, in order to secure the Defendant’s obligation to Defendant B, the Plaintiff, the Plaintiff, the Plaintiff of the Plaintiff, the ASEAN, the 201 East C apartment No. 904

2) As to the establishment of the right to collateral security (hereinafter “mortgage”).

(2) Upon entering into the instant mortgage contract, the phrase “the scope of the secured obligation” as “the limited security” as “the maximum amount of obligation” as “the limited security” as “the maximum amount of obligation,” and the letter of credit classification as “the maximum amount of credit” written on the same day (Evidence No. 1-2) stated that all types of household loans (house security loan, other real estate security loan, other security loan, and other loan), which B bears against the Defendant, are secured by the limited security.

3) On February 24, 2014, the Plaintiff registered the establishment of a mortgage on the instant apartment (hereinafter “registration of the establishment of a mortgage on the instant apartment”) between the debtor B, the maximum debt amount of KRW 58,500,000, and the mortgagee’s establishment of a mortgage on the instant apartment

(B) complete the Defendant’s loan execution 1) Defendant and B, on October 8, 2010, KRW 15,000,000, maturity 10.10

8. A loan agreement prescribed by the loan agreement (hereinafter “the first loan agreement”) was concluded, and the Defendant paid B the amount of KRW 15,000,000 to B under the first loan agreement (hereinafter “the first loan”).

2) The Defendant and B enter into a loan agreement between the Defendant and B (hereinafter referred to as “second loan agreement”) as of February 25, 2014, with a maturity of KRW 45,000,000, and February 25, 2019 (hereinafter referred to as “second loan agreement”).

The Defendant concluded a loan under the second loan agreement (hereinafter “second loan”) with B on the same day.

(3) The Defendant and B paid KRW 45,000,000 to the Defendant and B below the loan agreement set forth on October 8, 2014, with the maturity of KRW 20,000,000, and October 8, 2019.

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