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(영문) 서울남부지방법원 2014.09.25 2013가합5634

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

. It is not sufficient to satisfy all claims of the Defendant C solely with 1,010,294,740 won repaid;

Therefore, according to the order of statutory appropriation of performance, KRW 1,010,294,740, which the Defendant paid to the Defendant, shall be appropriated to KRW 412,238,570, the principal and KRW 598,056,170, as stated in the following table of appropriation of performance, and the Defendant’s loan obligation as of July 11, 2001 against the Defendant, which the Plaintiff guaranteed within the limit of KRW 975,00,000,000, will remain 292,636,084.

Therefore, the plaintiff bears the joint and several liability of the above 292,636,084 won and damages for delay against the defendant.

(2) The balance of the loans of the defendant as of July 11, 2001 after appropriation (*2) to the principal of the loans of the defendant as of July 11, 2001 - Principal 750,000,000 - 457,363,9162,636,084 - interest on loans of 69,561,561 and 055 - Principal 162,00,790,790,6060,6063,609,609,3940,3648,647,605, -365, - 6405,645, -605, -645, -605, -65, 1605, -605, -67, 207, -605, -67, 2084, -67

Therefore, unless the other debt is fully repaid, the amount to be appropriated for the joint and several liability.

(*2) All obligations are due and due and have been distributed equally in proportion to the amount of claims, as the overdue interest rate is the same.

2. Results of exercising the right of set-off: As seen earlier, the Plaintiff has a claim for return of unjust enrichment of KRW 64,618,486 against the Defendant, and the Defendant has a joint and several liability claim of KRW 292,636,084 against the Plaintiff. The Plaintiff’s claim for return of unjust enrichment of KRW 292,636,084 has a joint and several liability claim against the Plaintiff. The claim for return of unjust enrichment of KRW 292,636,084 reaches the due date on April 10, 2013