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(영문) 수원지방법원 2020.12.10 2019가단574663

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 46,018,620 and the interest rate of KRW 12% per annum from December 31, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On June 30, 2004, B Co., Ltd. (hereinafter “B”) lent KRW 6,000,000 to C Co., Ltd. (hereinafter “C”) and the Plaintiff jointly and severally guaranteed this.

B. On July 26, 2007, B filed an application with the Plaintiff and C for a payment order with the Jeonju District Court. On July 27, 2007, the above court ordered the payment order that “The Plaintiff and C jointly and severally pay KRW 1,380,542,153 to B,” and the said payment order was finalized on October 6, 2007.

(Seoul District Court No. 2007 tea4434, hereinafter referred to as the “instant payment order”). C.

B dated August 18, 2008, the Plaintiff drafted a letter of confirmation as follows with respect to the instant payment order:

(hereinafter referred to as the “instant confirmation”). On April 13, 2005, the Plaintiff resigned from office by sale. On April 13, 2005, the Plaintiff received a request from the Plaintiff for a matter concerning the succession to the term loan and the withdrawal of the term guarantee from the Plaintiff on April 13, 2005. B made a request to succeed to the term loan against the Plaintiff and the withdrawal of the term guarantee from the said loan.

B The Plaintiff’s withdrawal procedure on the guarantee for the guarantee for the guarantee for the probation of a loan was completed through a lawful procedure. However, due to the omission of the Plaintiff’s business due to the error of business in B, the instant payment order was not completed due to the error in business, and the payment order against the Plaintiff was issued due to the mistake in business affairs in B. Accordingly, the payment order for the guarantee for the guarantee for the probation of a loan against the Plaintiff is the number of business errors due to the apparent error in B, for which the lawful withdrawal procedure for the guarantee for the probation of the loan was omitted.

Afterward, with respect to the plaintiff's guarantee of the probation of the loan, measures should be taken so that civil disadvantage, such as the payment order of this case and the withdrawal procedure of law, and simultaneously B confirms the above fact to the plaintiff.

B was declared bankrupt by the Jeonju District Court on August 17, 2010, and the defendant was appointed as a trustee in bankruptcy.

(Seoul District Court 2010Hahap1). (e)

The defendant is based on the instant payment order on June 14, 2013.