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(영문) 부산지방법원동부지원 2019.09.26 2019가합103125

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. C Co., Ltd. (1) obtained a credit guarantee agreement from the Plaintiff pursuant to the following credit guarantee agreement with the Plaintiff: (a) B Co., Ltd. (hereinafter “B”); (b) obtained a loan from D Bank; and (c) jointly guaranteed a liability for indemnity pursuant to the respective credit guarantee agreement with the Plaintiff. (d) No. 850,000,000 of the guaranteed principal on April 28, 2017 (as of April 27, 2018), around 207, 2016; (b) around 1,00,00,000,000 principal and interest of C Co., Ltd. (as of April 28, 2016; (c) around 207.20,000 general credit guarantee funds (as of April 28, 2016; (d) around 2015, 2015.

B. On June 7, 2017, the Defendant acquired each of the instant real estate listed in the Defendant’s separate sheet (hereinafter “instant real estate”) concluded a sales contract with E to purchase KRW 250,000,000 for the price for each of the instant real estate (hereinafter “instant sales contract”). According to the instant sales contract, E pays KRW 25,00,000 as the down payment for the same day and KRW 225,00,000 as the remainder payment for the same day according to the instant sales contract, and completed the registration of ownership transfer for each of the instant real estate on or around July 7, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2 (if there are virtual numbers, including each number; hereinafter the same shall apply), Eul No. 6-1, the purport of the whole pleadings and arguments

2. Judgment on the plaintiff's assertion

A. The purchase and sale contract of this case concerning the plaintiff's primary claim is the defendant, B and their children.