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(영문) 서울서부지방법원 2015.11.10 2014가단223981

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 13, 2005, the Plaintiff entered into a credit guarantee agreement with B and guaranteed principal of KRW 115,000,000 (hereinafter “the instant credit guarantee agreement”). C and D jointly and severally guaranteed the Plaintiff’s obligation under the credit guarantee agreement.

B. The Plaintiff issued a credit guarantee form pursuant to the instant credit guarantee agreement and delivered it to B, and B submitted the said credit guarantee form to our bank and received a loan of KRW 115,00,000 from our bank.

C. B delayed repayment of the principal and interest of loan to our bank, and on November 20, 2013, the Plaintiff subrogated for KRW 56,317,282 to our bank.

On May 7, 2014, the Plaintiff filed a claim for reimbursement against C and D with the Suwon District Court 2014da506382, and received a ruling of recommending reconciliation that “C and D shall jointly and severally pay to the Plaintiff 5,191,318 won and 55,189,962 won per annum from November 20, 2013 to April 14, 2014, and 20% per annum from the next day to the date of full payment.” The said ruling became final and conclusive around that time.

E. Meanwhile, on November 21, 2013, the Defendant, a wife of C, purchased from E real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 269,50,000 (hereinafter “instant sales contract”). On December 11, 2013, the Defendant completed the registration of ownership transfer of the instant real estate under the name of the Defendant.

F. On December 11, 2013, the Defendant created the right to collateral security of KRW 204,000,000 with respect to the instant real estate to the Nonghyup Co., Ltd., and took out loans of KRW 170,000,000 (hereinafter “instant loans”).

G. C is insolvent from November 21, 2013 to now.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 9, 13, 14, Eul evidence 1 (including each number), and the Court Administration Office of this Court.