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(영문) 서울중앙지방법원 2018.08.16 2018가합513288

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. Basic facts

A. On September 7, 2012, the bankrupt debtor B Co., Ltd. (the trade name before the change: D; hereinafter “B”) and the bankrupt debtor C Co., Ltd. (the trade name was changed to C through E, F, G, and H; hereinafter “C”) were declared bankrupt (the Seoul Central District Court Decision 2012Hau96, 2012Hau98), and the Defendants were appointed as bankruptcy trustee.

B. On May 4, 2010, A Co., Ltd. (hereinafter “I”) received a loan after entering into a credit transaction agreement with C and C on May 4, 201; (3) KRW 10 billion; (4) May 4, 2011; (2) credit transaction agreement on May 4, 201; (3) credit amount of KRW 12% per annum; (4) credit amount of KRW 7.7 billion per annum; (4) credit date; and (4) May 4, 2010; and (3) credit amount of KRW 3.5 billion per annum; and (4) annual interest on the same day; and (4) credit transaction agreement on May 4, 2010; and (4) credit amount of KRW 2 billion per annum; and (5) interest on the expiration date of the credit; and (12) credit transaction agreement on May 4, 2011; and (1) credit amount of KRW 12% per annum; and (4) credit amount of interest on the expiration date.

(1) The term "credit transaction agreement of this case" (hereinafter referred to as "credit transaction agreement of this case," and the total amount of loans under each credit transaction agreement of this case shall be referred to as "each of the loans of this case").

On May 4, 2010, the date of entering into each credit transaction agreement of the instant case, the Plaintiff signed and sealed the column for joint and several sureties of each credit transaction agreement of the instant case as a registration director, and concluded each joint and several sureties contract with B and C on the same day.

(hereinafter referred to as "each joint and several guarantee contract of this case" in total with the following contents: Creditors B, the scope of the guaranteed debt: Comprehensive collateral Guarantee, the limit of the guaranteed debt: 13 billion won: Settlement term of contract for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts for the settlement of accounts: Comprehensive collateral Guarantee, the limit of the guaranteed debt amount: 10 billion won;