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(영문) 인천지방법원 2018.09.13 2016가단238792

부당이득금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 3,213,534,00 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. Our Bank (hereinafter “Korea Bank”) shall attached to B (hereinafter “B”) a corporation

1. A loan provided as shown in the table of a loan agreement;

Nos. 50

1. The loan amount of Japan is KRW 125,500,000 (hereinafter “instant loan”). On April 2, 2008, the Defendant concluded a special agreement with the Bank on April 4, 2018 (hereinafter “instant guarantee”) as follows: (a) the guarantee amount for the principal and interest of the instant loan is 100,40,000 UN (80%) Japanese law; (b) the guarantee period is 10,40,000 UN (80%) on April 4, 2018; and (c) the workplace site (1,645 square meters for the location of Kimpo-si, Kimpo-si) is 1,44,00,000 or more, and thereafter the loan under this guarantee is treated as a loan after establishing a first-class collateral security right;

2. At least 76% (including sites for a workplace) of this Guarantee Rate shall be terminated upon completion of construction of the relevant facilities (6,304С of new buildings on the site of a workplace) by setting up the first-class collateral security (including sites for a workplace) of at least 14,40 million won.

3. The performance of the surety obligation shall be paid in Korean won by converting it into the sale rate of customer telegraphs first publicly notified by the creditor bank on the date of performance.

Provided, That if the principal obligation is changed to the won on behalf of the creditor bank, it shall be paid in Korean won.

C. On April 4, 2008, 2008, Dapo-si, Kimpo-si, Dapo-si, 1,633 square meters for D road, 10 square meters for E road. On September 4, 2008, 2008, Dapo-si, the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the instant real estate and the establishment of a collateral security”) with the maximum debt amount of 150,60,000 for each of the real estate and the establishment of a collateral security (hereinafter referred to as the “registration of each of the instant real estate and the establishment of a collateral security”) was completed on September 4, 2008. The Korean bank terminated 76,304,000 UN during the instant security deposit and terminated 24,096,00

B was unable to pay the installment payments properly, and the Defendant lost the benefit of time on July 2013, and on September 13, 2013, the Defendant subrogated 267,009,906 won to the Bank based on the instant guarantee.

The Bank of Korea on September 25, 2013 is as follows: