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(영문) 서울중앙지방법원 2017.05.11 2016가단5120512

부당이득금

Text

1. The Defendant’s KRW 136,298,70 for the Plaintiff and 6% per annum from August 8, 2015 to June 10, 2016.

Reasons

1. The facts under each of the following facts may be found either in dispute between the parties or in full view of Gap evidence of Nos. 1 to 18 (including branch numbers; hereinafter the same shall apply), Eul evidence of Nos. 1 to 6, and the whole purport of this Court's pleadings against Bo-Mai, Inc.

In obtaining a loan from the defendant, the non-party Mancheon-do Co., Ltd. (hereinafter "Yacheon-do") requested the plaintiff to provide credit guarantee for the purpose of securing the repayment of the principal and interest of loan.

B. The following are the details of the Defendant’s loan and the Plaintiff’s credit guarantee.

The Defendant’s credit guarantee details of the loan extended by the Defendant is subject to a special agreement on loans 2, 30 million won (90%) under the condition that the guarantee period for loans guaranteed by the Plaintiff during the loan period from May 7, 2012 to April 22, 2022, 60 million won for facility funds from April 25, 2012 to April 22, 2022, 2000,000 won (90%) from October 25, 2012 to October 21, 202, 300 million won for facility funds from October 22, 2012 to October 22, 2012. < Amended by Presidential Decree No. 23748, Oct. 22, 2012; Presidential Decree No. 27700, Oct. 21, 2022>

(c) Special agreements under each such credit guarantee agreement shall be as follows:

Class 1 Credit Guarantee (TPO-2012-- 00104)

1. Loan execution after establishing a third-class right to collateral security (720 million won or more) on land of the workplace;

2. Establishment of a second-class collateral security (720 million won or more) upon completion of a building in the land of the workplace.

3. A 270 million won credit guarantee (TPO-2012- 0378) which terminates in addition to the collateral list of the right to collateral security established on land and on a building immediately after the installation of the relevant machinery facilities.

1. Making loans after establishing the fourth-class collateral security (not less than 360 million won) on land and buildings in the place of business;

2. Termination of guarantee 135 million won in addition to a list of the collateral security interests on land and a building, as well as a list of the collateral security interests on a parcel of land and a building immediately after the relevant mechanical facilities (one mobile rail, one non-ferrous line, one for a drum line, and four for a consortium-dong circuit) are installed;

D. The defendant's right to collateral security shall be applied to the machinery facilities installed by the Man-Japan, after executing the loan under the plaintiff's credit guarantee.