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1. As to KRW 678,131,295 deposited by the Defendant at the Seoul Central District Court No. 13043 on June 19, 2017.
Reasons
1. Facts of recognition;
A. On June 17, 2008, the non-party C Co., Ltd. (the non-party C Co., Ltd.: D Co., Ltd.; hereinafter referred to as the "non-party C Co., Ltd.") entered into a real estate security trust contract for the 1,293 defense units of the Seoul Guro-gu Seoul Metropolitan Government F Co., Ltd. (hereinafter referred to as the "the trust contract in this case").
B. The instant trust contract aims to secure the credit transaction obligation with the Defendant and Nonparty Company G (hereinafter “Nonindicted Bank”), and the Defendant and Nonparty Bank were jointly named as the first priority beneficiary, and the obligor was determined as the Nonparty Company. The scope of the right to benefit held by the first beneficiary was determined as the principal, interest, and delay damages of the first beneficiary whose change is caused by the credit transaction between the beneficiary and the obligor. The said special agreement defines the “credit transaction” and the “principal” as follows.
The term "credit transaction (Agreement)" in the real estate security trust agreement of Article 3(1) means the "contract that occurs with respect to all credit transactions conducted by the first beneficiary" [referring to all of the business and loan-related agreements and other related contracts entered into between the truster and the lender, the lender, and the third party's sub-central branch of the defendant, the lender, and the sub-central financial branch of the non-party bank (joint first order) on or before June 2008 with the main contents of the loan to the borrower].
The term "principal" in the real estate security trust agreement of Article 3 (2) means the principal of a bill loan, bill discount, certificate loan, overdraft loan, payment guarantee (including bond guarantee), sales bond transaction, guaranteed liability, debts on bills or checks, purchase of commercial papers, purchase of securities, lending of subscription bonds, purchase of bills or notes, foreign exchange transaction, debt related to the issuance of corporate bonds, and all other debts arising from credit transactions between the beneficiary and debtor who are currently and future.
C. The non-party company