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(영문) 부산지방법원 2015.11.24 2014가단214430

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. Upon D’s request for guarantee, the Plaintiff entered into a credit guarantee agreement with C as listed below, and D, E, and B jointly and severally pay the Plaintiff’s repayment obligation under C’s credit guarantee agreement with respect to the said agreement.

On the other hand, C was granted a loan of KRW 350 million from the Daegu Bank on November 11, 2005, and KRW 100 million from the Daegu Bank on November 17, 2006.

On November 10, 2008, the Daegu Bank for General Fund Loans 285,000,000,000 won on November 14, 2005, 135,000 in the loan institution under the term of guarantee on the date of guarantee guarantee; and < Amended by Presidential Decree No. 17803, Nov. 14, 2006; Presidential Decree No. 17868, Nov. 14, 2008>

B. C caused a credit guarantee accident due to current accounts, etc., and the Plaintiff subrogated to the Daegu Bank on December 17, 2008 upon the request for performance of the guaranteed obligation of the Daegu Bank.

692,590 won for penalty for nonperformance of the credit guarantee agreement of this case, and KRW 1,067,780 for legal procedure costs were generated.

The sum of the gold as of the date of payment by subrogation and the amount of indemnity by this person on December 17, 2008 283,135,232 won 283,135,232 won 280,748,712 won in total of 80,748,712 won in total of 363,883,944 won in subrogation, 363,883,944 won in total of 363,83,944 won in total.

C. The plaintiff filed a lawsuit against C, D, E, F, and B with U.S. District Court Decision 2009Da22562 with respect to the claim for indemnity amount, etc. on October 16, 2009, and the above judgment became final and conclusive around that time by receiving a decision that "C, D, E, F, and B jointly and severally with the plaintiff 347,528,155 won and 345,342,05 won among them, and 15% per annum from December 17, 2008 to August 10, 209, and 20% per annum from the next day to the date of complete payment."

The plaintiff recovering KRW 180,988,526 from C, etc. to recover 182,895,418, and the amount of the subrogation is 182,895,418, and the amount of the finalized delay damages is 44,700,341.

E. Meanwhile, attached Form B owned.