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(영문) 서울중앙지방법원 2015.12.16 2015가단5051725
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 1, 2012, Nonparty B Co., Ltd. (hereinafter “B”) entered into a contract with C Co., Ltd. (hereinafter “C”) under which the contract amount of the facility construction (hereinafter “instant construction”) in the first stage of D development project was set at KRW 702,69,00 and the construction period from July 1, 2012 to November 25, 2012 (hereinafter “instant subcontract”).

(2) On July 12, 2012, C entered into an advance payment guarantee contract with the Defendant with the guarantee creditor B, the guaranteed amount of KRW 702,269,90, and the guarantee period from July 1, 2012 to November 25, 2012, and the guarantee period of KRW 281,00,000, the guarantee period of KRW 281,000,000, the guarantee period of KRW 26 July 26, 2012, and the guarantee period from July 26, 2012 to November 25, 2012, and received advance payment of KRW 281,00,000,000.

(3) However, on November 2012, C discontinued the instant construction work and unilaterally renounced the construction work. On November 20, 2012, B, a guarantee creditor, claimed a security deposit under the respective guarantee agreement to the Defendant.

(4) On May 13, 2013, the Defendant determined that the claim for the performance bond was groundless, and paid the deposit KRW 173,203,00 (hereinafter “instant deposit”) to B only on May 13, 2013.

(5) On May 13, 2013, the Plaintiff, the representative director of B, set up a collateral on six parcels of land, including “E, owned by the Defendant,” Yangyang-gun, Yangyang-gun, Yangyang-gun, 380 square meters, with the maximum debt amount of KRW 160 million. On June 11, 2013, the Plaintiff, as the representative director of B, set up a collateral on the Defendant, and on June 11, 2013, “an agreement to assume the obligation” of the Defendant, which is “

was prepared and proposed.

1. The Plaintiff shall accept the remainder amount of KRW 129,887,280, out of the indemnity obligations to be borne by C due to the payment of advance payment deposit, without any condition.

However, if a recovery is made due to the discovery of additional property for C and its representative G, it shall be repaid in installments.

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