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(영문) 서울중앙지방법원 2016.07.15 2015가단5084152
부당이득금반환 청구의 소
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. Each real estate listed in the separate list was owned by the Skyll Industry Co., Ltd. (hereinafter “Skyll Industry Co., Ltd.”), and the following five mortgage establishment registration was completed in the Defendant’s future.

(3) The right to collateral security (receiving number 35652, the maximum debt amount 325,00,000 won) dated July 9, 2003 (the receipt number 35652, the maximum debt amount 325,000,000 won) (4) the right to collateral security (the receipt number 35653, the maximum debt amount 884,000,000 won) dated July 9, 2003 (the receipt number 32129, the maximum debt amount 910,000,000 won) (5) the right to collateral security (the receipt number 36934, the maximum debt amount 650,000,000 won) dated June 3, 2005 (the receipt number 36934, the maximum debt amount 60,000,000 won)

B. The secured claim of each of the above secured claims was not set in advance in the settlement term of the right to collateral security, as all the obligations arising from the bill loan, deed loan, trust loan, discount of bill, payment guarantee, sales bond transaction, mutual installment transaction, bond acceptance, bond lending, securities lending, foreign exchange transaction, and other credit transaction, and the lease of real estate against the defendant of the Dispute Settlement Bank Co., Ltd., and any other obligations arising from the third party's above debt, any obligations arising from the bill or check related to the above debt, any obligations arising from credit card transaction,

C. On April 21, 2006, the Plaintiff paid a part of the debt to the Defendant of the Dispute Resolution Co., Ltd. in accordance with the credit guarantee agreement.

On April 26, 2006, the defendant completed the registration of partial transfer of the right to collateral security (308,038,882 won) on April 21, 2006 to the plaintiff on April 26, 2006.

On September 14, 2009, the Plaintiff received a decision of provisional seizure on each real estate listed in paragraphs (1), (2), and (3) of the attached list.

Claims for the above provisional attachment order are "a prior indemnity under each credit guarantee contract dated May 8, 2009" and the claimed amount is "100 million won".

E. On October 30, 2009, on each real estate listed in the separate sheet A at the Defendant’s request, the Chuncheon District Court’s original state support A.

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