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(영문) 서울중앙지방법원 2019.11.21 2019나5702
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. B (hereinafter “B”) obtained a loan from the Industrial Bank of Korea as set out in Table 1, and completed the registration of establishment of a mortgage over the maximum debt amount of KRW 1.2 billion with respect to C land for a factory and the above-ground factory building (hereinafter “instant real estate”) on May 30, 2013, in order to secure the remainder of the loan except for the loan obligations set forth in No. 8 No. 1, the Bank of Korea owned by the Bank.

(2) On the other hand, the Industrial Bank of Korea’s loan No. 295,00,000 of the loan title No. 85,000 of the loan title No. 297,110,000 of the loan title 85% by the Defendant, 4 " 65,043,200,00 Incheon Credit Guarantee Foundation's 80% guarantee 4 " 945,934,886,5 " 60,000,006 " 177,70,000,007 " 84,200,0008 credit cards 18,91,682,9384,4886,8686, which was 80% by the Incheon Credit Guarantee Foundation's 80,000,000,000 credit cards 18,686

B. The Defendant provided two of the above loans to the Industrial Bank of Korea (No. 1 and No. 2 of the above table 1) as follows:

In Table 2, the Defendant’s credit guarantee details of the first guarantee No. 2, D E Guarantee No. 1, 201, May 24, 2013, 2014; KRW 422,543,50,000, the guaranteed amount of KRW 85% guaranteed on December 24, 2014; and KRW 85% guaranteed rate of KRW 85% guaranteed on May 27, 2016; and KRW 295,00,00,000 for loans for loans for small and medium enterprises from loans to small and medium enterprises on December 23, 2016.

C. B, on March 25, 2016, when filing an application for commencing rehabilitation procedures with the Suwon District Court 2016 Ma1009, the Bank applied for the performance of the guaranteed obligation to the Defendant. Accordingly, the Defendant subrogated to the Bank of Korea KRW 682,632,473 pursuant to a credit guarantee agreement with B on April 26, 2016.

Accordingly, on April 26, 2016, the Defendant entered into a contract for partial transfer of collateral security with the Industrial Bank of Korea of KRW 168,000,000, with the repayment amount of KRW 168,000, and on May 3, 2016.

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