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(영문) 서울중앙지방법원 2019.01.10 2017가단5141530
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. B (hereinafter “B”) obtained a loan from the Industrial Bank of Korea as follows, and completed the registration of establishment of a mortgage over the maximum debt amount of KRW 1.2 billion against C,583 square meters of land for a factory and the above-ground factory building (hereinafter “instant real estate”) at the time of inside the Industrial Bank of Korea’s ownership in order to secure the obligation of the loan, as follows:

(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:

No. 2. The Defendant’s credit guarantee details of the first guarantee No. 2, D E Guarantee No. 1, 2013. 5. 24, 201,000 won guaranteed on December 24, 2014, 422,543,50 won guaranteed on May 27, 2016.

C. B, upon filing an application for commencing rehabilitation procedures with the Suwon District Court 2016 Ma1009 on March 25, 2016, lost the benefit of the loans, the Industrial Bank of Korea, which became aware of such fact, applied for the performance of the guaranteed obligation to the Defendant. Accordingly, on April 26, 2016, the Defendant subrogated for the small and medium enterprise 682,632,473 won pursuant to a credit guarantee agreement with B.

Accordingly, on April 26, 2016, the Defendant entered into a contract for partial transfer of the right to collateral security that received KRW 168,000,000 from the Industrial Bank of Korea, and on June 28, 2016.

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