logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.17 2015나36852
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. (i) The Plaintiff acquired the Plaintiff’s claim and provisional attachment, etc. (hereinafter “FFF Savings Bank”)’s loan claims against NFFK Co., Ltd. (hereinafter “FFF Savings Bank”) and its surety’s guarantee claims against A as follows.

On June 30, 2009, the credit amount of the credit amount of the agreed credit subject as of June 5, 2006, 104,60,000,000 135,980,000 discount notes on June 5, 2006 as of June 28, 2006, A 91,000 at discount notes 70,000,000,000 on June 28, 2006, 91,000 at discount notes 30,000,000,000 (1 extension of loans No. 1) on August 30, 206, 264,238,238,28390,00,000,000 (extension of guarantee No. 1338,238,4830,000,00) and the real property (B105,000,000) as follows.

On June 12, 2002, the amount of the right-holder’s right-holder’s right-backed mortgage on June 12, 2002, the amount of KRW 168,000,000,000 as the maximum debt amount of KRW 176,60,000,000, the amount of KRW 334,369,252 provisional seizure on November 7, 2006, which was claimed by the Defendant on November 16, 2006, the amount of KRW 50,000,000 claimed by the Bank of Korea on November 24, 2006, the amount of which was claimed by the Plaintiff on November 24, 2006, the amount of KRW 30,000,000 claimed by the Mutual Savings Bank of Korea on November 24, 2006.

B. On September 18, 2007, the Suwon District Court C prepared a distribution schedule stating that the amount of KRW 310,504,339, which shall be actually distributed to the first-class mortgagee in the auction procedure of this case, shall be KRW 168,00,000, and the second-class mortgagee shall be KRW 142,504,339, which shall be distributed to the Bank for Promotion Savings for the second-class mortgagee.

Luxembourg The Defendant stated an objection against KRW 50 million out of the dividend amount to the Promotion Savings Bank.

The Promotion Savings Bank received the remaining dividend amount of KRW 92,504,339 around that time.

C. (i) A lawsuit of demurrer against distribution, etc. filed by the Defendant against the Promotion Savings Bank.

arrow