부당이득반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. (1) Around August 26, 2004, the Plaintiff concluded a loan guarantee agreement with the Korea Teachers' Credit Union, the insurance amount of B and the insured, the insurance amount of KRW 31,209,700, and the insurance period from August 26, 2004 to September 24, 201, in order to guarantee the repayment of the principal and interest of loan, as the Plaintiff received a loan from the Korea Teachers' Credit Union.
(2) B had an insured incident due to delay in the repayment of the above principal and interest of loan. On February 14, 2007, the Plaintiff filed a lawsuit seeking reimbursement after paying 28,470,420 won on behalf of the Korea Teachers’ Mutual Aid Association.
On October 11, 2007, the Seoul Central District Court rendered a ruling that “B shall pay to the Plaintiff 28,470,420 won with 19% interest per annum from February 16, 2007 to September 11, 2007, and 20% interest per annum from the next day to the day of full payment” (2007da78997). The above ruling became final and conclusive around that time.
(3) The principal and interest of bonds based on the above judgment remains in KRW 51,903,390.
B. (1) On November 18, 2004, the Defendant issued a collection order (hereinafter “first collection order”) with respect to the obligor B’s third obligor’s payment claim, etc. against the Gyeonggi-do Office of Education, based on a notarial deed (hereinafter “certificate of first execution”) with executory power of KRW 70 million as set forth in No. 1845, 2004, which was set up by a notary public, based on a joint law office (hereinafter “certificate of first execution”).
(2) On July 23, 2004, the Defendant, from B and D, jointly issued one of the Promissory Notes (hereinafter “instant Promissory Notes”) with a face value of KRW 230,000,000,000 (hereinafter “instant Promissory Notes”) with the Defendant, the date of payment, April 28, 2006. On April 28, 2006, a notary public, a law firm as the movable property of 2006 and 205 (hereinafter “second enforcement deed”), drafted a deed of execution on the said Promissory Notes (hereinafter “second enforcement deed”), based on the second enforcement deed, as the obligor’s third obligor’s claim against Gyeonggi-do under the Act No. 706537, May 18, 2006.