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(영문) 서울중앙지방법원 2015.12.18 2015가단5169718
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. National Bank Co., Ltd. (hereinafter “National Bank”) Nos. 1, 2, and 3 collateral security 1)

() On April 20, 2007, A extended KRW 850,000,00 on a repayment date on April 20, 2012, and granted a loan to A for securing the said loan obligation. To secure the said loan obligation, each real estate, etc. listed in the separate sheet Nos. 1 and 2 as KRW 1,105,00,000, the maximum debt amount was set at KRW 1,105,000 (hereinafter each of the said real estate collectively referred to as “one and two real estate”; and the said collateral security is “the first collateral security”).

(2) On June 1, 2007, the National Bank extended a loan of KRW 350,000,000 to A as of June 1, 2012. To secure the said loan obligation, etc., the National Bank established a mortgage registration of the establishment of a neighboring real estate with the maximum debt amount of KRW 455,00,000 (hereinafter referred to as the “third real estate”) on the real estate indicated in the attached Table 3 list as of June 1, 2012.

3) On June 21, 2007, the National Bank extended a loan of KRW 50,000,000 to A on June 15, 2012 as repayment date, and registered the establishment of a neighboring mortgage of KRW 50,000 with respect to the third real estate in order to secure the said loan obligation, etc. (hereinafter the above collateral security is referred to as “third-mortgage”).

b. our Bank, Inc., Ltd. (hereinafter referred to as “Korea Bank”);

(C) On December 207, the Defendant concluded a credit guarantee agreement with A on June 20, 2007 and issued a credit guarantee agreement with the term of June 15, 2012, with a loan of KRW 50,000,000 from a national bank on June 21, 2007, and offered a credit guarantee certificate as collateral, with a loan of KRW 50,000,000,000 from the national bank as above.

2 The defendant is against A's National Bank on March 30, 2012.

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