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(영문) 서울중앙지방법원 2019.03.29 2018나40142
부당이득금반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. (i) Defendant B Co., Ltd. (hereinafter “Defendant 1”)’s guarantee insurance contract and loan, etc. (hereinafter “Defendant B Co., Ltd.”) between D and D around December 2006, with the purchase price of KRW 42,965,393, and the insured as the E Co., Ltd. (hereinafter “E”)’s insurance contract MCI guarantee insurance contract and CRI’s guarantee insurance contract were not performed due to the occurrence of an insured event as stipulated in the terms and conditions due to the failure to perform the obligation under the various contracts which create a mortgage on real estate as a security for the policyholder’s non-performance of obligation, and thus, the insured’s property damage, which is a creditor and mortgagee under the main contract, is covered in accordance with the terms and conditions stated in the insurance

(hereinafter “instant guarantee insurance contract”) was concluded.

B. D around December 2006, 2006, she offered F apartment G (hereinafter “instant real property”) as security, and received a loan of KRW 320,000,000 from E in accordance with the instant guarantee insurance contract, with the maximum debt amount of KRW 384,00,000 according to the instant guarantee insurance contract.

(hereinafter “instant loan”). (b)

On January 3, 2012, the procedure of individual rehabilitation (hereinafter "the procedure of individual rehabilitation of this case") began on January 3, 201 with Suwon District Court 201 59095 (hereinafter "the procedure of individual rehabilitation of this case").

B. On December 28, 2011, Luxembourg made the expected amount of realization of the instant real estate in connection with the instant individual rehabilitation procedure, KRW 269,50,000,000, and KRW 320,000, and KRW 300,000, and KRW 269,50,000, and KRW 50,50,000, and KRW 50,000, the amount of claims that may not be repaid due to the exercise of the right to separation, etc. on the instant real estate shall be deemed to be the “undeterminedable claim” of the instant case.

"...." The principal of the non-determinedable bonds shall be described as the average monthly income of D, the debtor of which is the debtor, both together with the principal of other general rehabilitation creditors. 2,00.

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