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(영문) 서울중앙지방법원 2017.02.08 2016가단5086339
부당이득금
Text

1. The Defendant calculated with interest rate of KRW 40,708,494 with interest rate of KRW 15% per annum from April 28, 2016 to interest rate of KRW 15% per annum.

Reasons

1. Basic facts

A. The Industrial Bank of Korea (hereinafter “The Bank”) concluded a credit guarantee agreement with the Cheong Forest Industry (hereinafter “Cheong Forest Industry”) on a loan of KRW 484,00,000 for small and medium enterprise facilities of small and medium enterprises. On December 8, 2010, the Defendant concluded a credit guarantee agreement with the effect that repayment of the Cheong Forest Industry and the above loan is within the limit of KRW 435,60,000 (Guarantee Rate 90%).

B. On April 26, 2012, the Industrial Bank of Korea concluded a transfer security agreement with a maximum amount of KRW 576,000,000 for P.V.C 3PCS Embsing M/C (hereinafter “transfer security of this case”) owned by Cheong Forest Industry in order to secure the Cheong Forest Industry and its loans.

(hereinafter “instant transfer security agreement”). C.

On November 19, 2014, the defendant classified the Cheong forest industry as a credit guarantee company, and requested thorough management of the transferred property to the Industrial Bank of Korea.

On December 12, 2014, the Defendant concluded a transfer contract with the effect that the instant mortgaged property should be transferred (hereinafter “instant transfer contract”) while repaying KRW 362,482,160 to the Industrial Bank of Korea (hereinafter “the instant transfer contract”), and the provisions on the order of appropriation of proceeds from the transfer of mortgaged property in the instant transfer contract are as follows.

2.The proceeds of sale of the property transferred for security shall be met in the following order:

Expenses related to the sale by transferor or transferee (appraisal fees, public auction notification fees, etc.);

(b) Expenses for the management and preservation of transferor and transferee (manufacturing feed, insurance premiums, fees for security guards, warehouse fees, etc.);

(c) The difference between overdue interests and agreed interest accrued until the date on which the guaranteed obligation is discharged;

(d) An amount divided in proportion to the ratio of partial guarantee of transferor and transferee (10:90) to the portion of guarantee of non-loan;

D. Since then, on March 3, 2015, the Industrial Bank of Korea concluded an asset transfer agreement with a stock company, thereby comprehensively transferring the claims for loans to the Cheong forest industry and the rights accompanied thereby.

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