부당이득금
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
1. The content of this part of the basic fact is the same as that of the judgment of the court of first instance, but it is not accepted.
The plaintiff is the management institution of the Korea Agricultural and Fishery Credit Guarantee Fund established under the Act on the Credit Guarantee for Farmers and Fishermen to guarantee the credit of farmers and fishermen who lack security capability.
The Plaintiff issued each credit guarantee letter with the coverage amount of KRW 240 million on October 13, 201, and KRW 340 million on September 6, 201, to the farming association corporation (hereinafter “the farming association of this case”) (hereinafter “the Plaintiff”), the principal guarantor, as well as KRW 540 million on November 20, 199, ② the guaranteed amount of KRW 240 million on October 13, 201, ③ the guaranteed amount of KRW 340 million on September 6, 201, and the said farming association received loans from the Defendant as security each of the credit guarantee certificates.
B. Of the credit guarantee terms and conditions of each of the above credit guarantee terms and conditions (hereinafter “the instant credit guarantee terms and conditions”) and the credit guarantee exemption exemption standards (hereinafter “instant credit guarantee exemption exemption standards”) notified the Defendant, the part related to the instant issues are as follows.
(I) The term "creditor" and "management agency" are only the plaintiff. Article 5 (Duty to Notify) of the Credit Guarantee Terms and Conditions (1) The creditor shall immediately notify the management agency in writing (or by electronic notification) in the following cases:
If the notice is given to the management agency in any way other than in writing (or by electronic notification), it shall not be effective as the notice.
(3) When the cause of notification under each subparagraph of paragraph (1) has occurred or the cause of notification under paragraph (1) 4 through 12 has been terminated, the creditor shall notify the management institution within the following period:
6. Paragraph (1) 11 and 12: Within 20 days from the date on which the occurrence of a reason for notification becomes known.