(영문) 부산지방법원 2015.11.12 2015가단27770

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(영문) 부산지방법원 2015.11.12 2015가단27770

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From July 29, 2005 to September 10, 2012, our bank (hereinafter “Korea bank”) concluded a credit transaction agreement with B as follows.

On January 28, 2005, 1007, 2007. 4 loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the ordinary loans for the loans for the loans for the loans for the loans for the loans of 100,000,000,000 C, the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the above loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans for the loans.

B. (1) On September 27, 2005, the Plaintiff and D concluded a mortgage agreement with the Bank of Korea on a maximum debt amount of KRW 400,000,000 for the purpose of B (the contract was subsequently concluded on September 7, 2012). On the same day, on the same day, the Plaintiff and D created a mortgage agreement (hereinafter “instant mortgage agreement”) with the Bank as to the instant mortgage for the purpose of providing collateral for the said credit transaction agreement, in which 1/2 shares are shared to us, each of whom is owned by 1/2 shares.

(2) (A) The Defendant entered into a credit guarantee agreement between B and B on March 19, 2009 (hereinafter “credit guarantee agreement of this case”) with the guarantee period of KRW 142,50,000, and from March 19, 2009 to March 18, 2010 (hereinafter “credit guarantee agreement of this case”), and issued a credit guarantee certificate to B, and B offered the credit guarantee certificate as security.

(a)as set forth in No. 7.

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