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(영문) 부산지방법원 2018.08.23 2018나43941
부당이득금
Text

1. Of the judgment of the first instance court, KRW 21,562,175 against the Plaintiff and the Plaintiff shall be fully repaid from November 17, 2017.

Reasons

1. Basic facts

A. The plaintiff is a company engaged in financial business, and the defendant is a company engaged in freezing and freezing business.

B. On May 20, 2015, the Plaintiff entered into a loan transaction agreement with 1 billion won to lend a loan to a stock company, etc. (hereinafter “non-party company”). around November to December 12, 2016, the Plaintiff entered into a transfer agreement with the non-party company and requested the Defendant to keep the fishery products in custody, including ① 9,086 butts entered into with the Defendant on November 24, 2016, ② 2,389 buttts entered into with the Defendant on November 24, 2016, ③ 7,16, ④ 2,182, ⑤ 2,016, 201, 201, 201, 201, 201, 201, 2,000 and 2,000,000 won, which were stored on November 30, 2016.

C. Upon receipt of the above fishery products as security for transfer, the Plaintiff received the following certificates from the Defendant (hereinafter “instant certificates”).

Written Declarations

2. The above articles kept by us are the objects provided as security at the time of loan by the debtor and the creditor, which are the creditor, and set up as security interest. We will keep the above articles in good faith in order for us to become the mortgagee.

4. If any action, such as seizure, etc., of the above subject matter, is expected to be taken by the court, he will immediately notify the subject matter to him, as well as by allowing him to facilitate the exercise of the right of retention, thereby recognizing the right to preferential reimbursement and withdraw the best advance measure to secure the right of claims of his owner.

Provided, That only warehouse charges, entry and shipment expenses limited to the goods acquired by transfer by transfer shall have preferential rights to payment in us, and it shall be subject to prior consultation with us before exercising them.

5. All expenses incurred in the storage of collateral, such as storage charges, cooling charges, work charges, etc. until the collateral is taken out.

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