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(영문) 서울남부지방법원 2016.01.15 2014가합109151

부당이득금

Text

1. The Defendant’s KRW 481,00,000 as well as the Plaintiff’s annual rate of 5% from January 1, 2005 to July 20, 2015, and the following.

Reasons

1. Basic facts

A. A. On March 30, 1992, D, who was the representative director, B and auditor of the clothing trade company C (hereinafter “C”), guaranteed all debts owed by C to the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) in the present and future by guaranteeing 8,700,000,000 won.

On June 4, 1996, the foreign exchange bank entered into a revolving transaction agreement with C by setting the limit of loans to 500,000 US dollars and the period of transaction up to June 4, 1997. At that time, it extended loans to C several times including lending of US dollars 88,952.17 US dollars around that time.

B. On December 22, 200, a limited liability company specialized in normal securitization obtained loans from the foreign exchange bank and all related rights and notified the transfer of claims to C on December 27, 2000, and then filed a lawsuit against C, B, and D on April 23, 2002 against the Seoul District Court 200Gahap712, and rendered a judgment that "C, B, and D shall jointly and severally pay 7,49,605,672 won to a limited liability company specialized in normal securitization and the amount equivalent to 18% per annum from January 23, 200 to January 31, 200, and 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive at that time.

C. On April 1, 2006, a limited liability company specialized in normal securitization transferred claims against C, B, and D based on the above final judgment, and notified each of the claims to C, B, and D around that time. On July 16, 2012, a limited liability company specialized in normal securitization transferred the above claims to the Plaintiff and notified each of the claims to C, B, and D on July 19, 2012.

On October 2004, the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) and the real estate listed in paragraph (2) of the attached Table No. 2 of the land owned by E (hereinafter “instant old building”).