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(영문) 청주지방법원충주지원 2016.02.04 2015가단22970
부당이득금
Text

1. The Defendant: KRW 20,000,000 to Plaintiff A; KRW 13,00,000,000 to Plaintiff B and C; and KRW 50,00,00 to Plaintiff D; and each of the above.

Reasons

1. Basic facts

A. The status of Plaintiff A as a party is the former duties of Defendant’s Treasury; Plaintiff B as the head of division; Plaintiff C as the head of division; Plaintiff D served as the head of the credit affairs of Defendant’s Treasury, and Plaintiff D retired on November 3, 2014.

B. 1) The Defendant’s loan execution 1) On October 15, 2008, L&A Korea Co., Ltd. (hereinafter “L&A”) is a company outside the country.

(2) On October 208, 2008, the Defendant concluded a credit transaction agreement with the non-party company on April 17, 201, setting the credit limit amount of KRW 330,000,000, and the expiration date of the credit period. (2) On October 20, 2008, the Defendant provided the non-party company and the maximum debt amount of KRW 150,000,000 to the non-party company under a joint collateral security of KRW 401 and 501 of the 4th floor of the 5th floor of the 401 and 501 of the 5th floor of the 4th floor of the 5th floor of the 4th apartment building, an aggregate building on the ground of the non-party company.

3) On June 11, 2009, the Defendant set up a joint collateral (252,00,000) on the instant real estate, the debtor, the maximum debt amount of which was 252,00,000 won, and loaned 180,000,000 won to the non-party company at the time of setting the collateral (4) and (3) on the instant real estate at the time of setting the collateral (2), the maximum debt amount was 2,340,000,000 won, and the debtor, the non-party company, the mortgagee, and the mortgagee, the Daegu Bank (hereinafter “Tgu Bank”), the senior

However, as a result of the Daegu Bank’s appraisal for the establishment of the above right to collateral security, the market price as of June 19, 2008 was KRW 4,200,000.

C. On August 25, 2010, the Daegu Bank (1) failed to recover the loans to the non-party company; and (2) around August 25, 2010, the Jung-gu District Court F (hereinafter “instant auction”) with respect to the instant real estate.

(2) The instant real estate was sold in KRW 1,628,890,000 as of September 11, 2010, the market price of which was KRW 5,600,000 as of September 11, 2010, as a result of the market price appraisal conducted in the instant auction procedure; however, the real estate was sold in KRW 1,628,890,000 on several occasions.

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