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(영문) 서울남부지방법원 2020.01.21 2019가단247723

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2008, the Plaintiff, who operated a business with B’s trade name, supplied C (hereinafter “instant company”) with plastic products.

B. On November 24, 2006, the Defendant entered into a credit guarantee agreement with the above company and issued a credit guarantee agreement with respect to the obligation to repay corporate purchase funds that the above company is scheduled to obtain a loan from a D bank under the corporate purchase loan agreement, setting the guaranteed amount to KRW 934,800,000, and provide a credit guarantee service.

C. Around November 27, 2006, the above company submitted a credit guarantee letter to the D Bank, and entered into an agreement for a corporate purchase loan of KRW 1,168,500,000 from D Bank. The above loan is extended to the amount equivalent to the relevant transaction amount if the purchasing company submits materials that can prove the transaction with the selling company within the limit agreed in advance between the financial institution and the purchasing company. The purchasing company issued a bill of exchange and the selling company presented the bill of exchange to the financial institution, and the D Bank paid the amount of the bill of exchange to the financial institution (the form of the bill of exchange).

From November 13, 2009 to August 6, 2010, the instant company issued a bill of exchange with a total of KRW 228,540,000 on five occasions in total on the grounds that the Plaintiff purchased goods from the Plaintiff. The Plaintiff presented the said bill of exchange to the D Bank, and the D Bank paid the amount of each of the above bills of exchange to the Plaintiff after the execution of each of the loans for corporate purchase.

However, in fact, although the representative E of the instant company did not actually engage in goods transaction, the Plaintiff issued a bill of exchange to the Plaintiff, and the Plaintiff was paid the amount of the bill by using the said bill of exchange from the D bank.

As above, the Plaintiff transferred most of the money deposited from the D Bank to the instant company on the day of deposit.

E. The instant company is against the D Bank.