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(영문) 서울동부지방법원 2014.04.23 2013가합100093

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. On June 4, 1996, Korea Exchange Bank Co., Ltd. entered into a revolving transaction agreement with C Co., Ltd. (hereinafter “C”) on the pretext of the purchase (D/A) of export bills of exchange (D/A) with the term of June 4, 1997 by setting the limit of loans to US$ 500,00,000, and by June 4, 1997, and lent several amounts, including loans of US$ 88,952.17. D and E guaranteed all obligations owed to Korea Exchange Bank as of March 30, 1992.

B. On December 22, 200, a limited liability company specialized in normal securitization was sentenced to the Seoul District Court Decision 2002Gahap712 on April 23, 2002 that "C, D, and E shall jointly and severally pay 18% per annum to a limited liability company specialized in normal securitization and 25% per annum from the next day to the day of full payment" and the above decision became final and conclusive at that time.

C. On April 1, 2006, a limited liability company specialized in normal asset-backed securitization transferred the above C, D, and E claims based on the final judgment, and notified them of each transfer. On July 16, 2012, a specialized company transferred the above claims to the Plaintiff and notified them of each transfer on July 19, 2012.

On May 2, 2000, the registration of ownership transfer was completed on May 2, 200, on May 2, 2000, with respect to the building of 249.6 square meters in Songpa-gu Seoul, Seoul, 263.3 square meters in G, and above-ground buildings (hereinafter collectively referred to as “instant 1 real estate”), which was owned by E, due to voluntary auction.

E. The sum of the above real estate is not more than 248 square meters in Yangsan-si, which was owned by D, 248 square meters in H miscellaneous land, 603 square meters in I miscellaneous land, and 1,382 square meters in J miscellaneous land.