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(영문) 울산지방법원 2017.10.11 2016가합21830
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. The plaintiff is a person who conducts laundry business, and the defendant is engaged in the sales and repair of laundry machinery.

B. On September 22, 2009, C (the Plaintiff of the representative director) drafted a notarial deed of a loan for consumption of money as collateral security (hereinafter “instant notarial deed”) with the content as set forth below with D on September 22, 2009.

On September 22, 2009, the creditor of Article 1 (money lending) of the Notarial Deed of a Loan for Consumption for Security lent to the debtor the amount of KRW 50,000,000, and the debtor borrowed it.

When an obligor under Article 2 (Period and Method of Payment) (Damages) On November 22, 2009, delays the repayment of principal or interest, he/she shall pay damages for delay at the rate of 30% per annum to the obligee in proportion to the delayed principal or interest.

Article 9 (Transfer for Security) An obligor and a joint guarantor mean laundry machines listed in the separate sheet in the separate sheet as their ownership for the purpose of securing the performance of the above obligation.

(hereinafter “instant washing machines”) transferred the ownership to the creditor by means of possession revision, and the creditor acquired it by transfer.

Article 13 (Delivery of Security) When the debtor and the joint guarantor fail to discharge his obligation, or when the creditor demands the delivery of the security for transfer from the creditor for any other reason, they shall immediately deliver the security for transfer to the creditor without any objection.

When an obligor and a joint guarantor under Article 14 fail to perform their obligations, the obligee may immediately dispose of the property transferred for security in an appropriate manner and appropriate it for the repayment of this obligation with the realized money.

However, if realization money falls short of the repayment of the obligation, it may be demanded to the obligor for such shortage, and if there exists any remainder, it shall be returned to the obligor.

E. A. joint and several sureties Co., Ltd., the creditor D's representative director and the debtor's representative.

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