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(영문) 서울중앙지방법원 2016.08.19 2015가합548818

부당이득금

Text

1. The Defendant’s KRW 387,351,231 as well as the Plaintiff’s annual rate of 6% from August 11, 2015 to August 19, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the management institution of the Korea Agriculture and Forestry Credit Guarantee Fund established under the Act on the Credit Guarantee for Farmers and Fishermen in order to guarantee the credit of farmers and fishermen who lack security capability.

The Plaintiff, at night, issued to the farming association corporation (hereinafter “the farming association of this case”), the principal, ① KRW 540 million, the guaranteed amount on November 20, 1999; ② KRW 240 million, the guaranteed amount on October 13, 201; ③ KRW 340 million, the guaranteed amount on September 6, 201; and ③ the said farming association was loaned a total of KRW 1120 million (10 million) from the Defendant as security each credit guarantee form.

B. Of the credit guarantee terms and conditions in each of the above credit guarantee terms and conditions (hereinafter “the instant credit guarantee terms and conditions”) and the credit guarantee exemption exemption standards notified by the Plaintiff to the Defendant (hereinafter “the instant credit guarantee exemption exemption standards”), the part related to the instant issues

(I) The “creditor” is the Defendant, and the “management institution” are the Plaintiff. Article 5 (Duty to Notify) of the Credit Guarantee Terms and Conditions (1) The obligee shall immediately notify the management institution in writing (or by electronic notification) in the following cases:

If the notice is given to the management agency in any way other than in writing (or by electronic notification), it shall not be effective as the notice.

(3) When the cause of notification under each subparagraph of paragraph (1) has occurred or the cause of notification under paragraph (1) 4 through 12 has been terminated, the creditor shall notify the management institution within the following period:

6. Paragraph (1) 11 and 12: Within 20 days from the date on which the occurrence of the cause occurred recognized.

Provided, That if at least two grounds for notification have occurred, such grounds shall apply.