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(영문) 서울고등법원 2017.07.04 2016나2063676
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

2. The plaintiff's primary claim and conjunctive claim are all dismissed.

Reasons

1. Basic facts

A. The Plaintiff’s credit guarantee agreement and claim for reimbursement against B (i) the Plaintiff’s credit guarantee agreement and claim for reimbursement against B) was changed on December 15, 201 and December 11, 2012 into B Co., Ltd. ( thereafter, to C Co., Ltd.) on two occasions.

hereinafter referred to as “B”

between B and B, a national bank (hereinafter referred to as “national bank”)

(1) Each credit guarantee agreement (hereinafter referred to as the “each credit guarantee agreement of this case”) shall be made to secure the repayment of principal and interest of this case.

(2) A) B concluded a credit guarantee contract issued to the Plaintiff as security, but B loaned a total of KRW 1.2 billion from a national bank. However, on May 28, 2014, the guarantee period stipulated by each credit guarantee agreement of this case, the Plaintiff incurred a credit guarantee accident, and on September 26, 2014, the Plaintiff subrogated to the national bank for total amount of KRW 978,165,215.

3) The amount of the Plaintiff’s credit against B calculated as of April 9, 2015 is KRW 978,165,215 of the principal subrogated and KRW 1,069,080 of the subrogated principal and KRW 6,186,070 of the penalty for attempted penalty and KRW 985,420,36,070 of the penalty for delay from the date of subrogation as to KRW 978,165,215 of the said KRW 978,165,215 of the said amount. B of January 17, 2014, B issued a promissory note against the Defendant, including the issuance of promissory notes against the Defendant, the seizure of the Defendant’s claim, and the assignment order, and the place of payment, respectively, and the promissory note (hereinafter “notarial note”). On the same day, a notary public’s office prepared a notarial deed as a compulsory execution under Article 2004,04,004 of the Promissory Notes.

2) On February 17, 2014, the Defendant: (a) based on the notarial deed in the instant case, as the obligor and the third party obligor, the obligor, and (b) the E- (small Rivers) Sea Reclamation Works (hereinafter “Small Rivers”) held against Leecheon-si, the obligor and the third party obligor, on the basis of the said notarial deed.

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