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(영문) 서울중앙지방법원 2017.02.10 2016가합522806
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 25, 2010, the Plaintiff, a company engaged in the lending agency business of financial institutions, concluded an entrustment contract with the Defendant for the lending agency business (hereinafter “instant entrustment contract”) and arranged loans between the applicant for the lending and the Defendant.

Pursuant to the above entrustment contract, B, the representative director of the plaintiff, has jointly and severally guaranteed the obligation of subrogation of non-performing loans to the defendant.

B. On May 13, 2010, the Defendant: (a) set up a pledge right on the said shares with respect to D and E, which owned the shares of C through the Plaintiff’s brokerage; and (b) carried out a loan of KRW 300 million each (hereinafter “instant loan”).

C. After recording the lower limit of the above shares, the Defendant, on May 27, 2010, demanded the Plaintiff to pay the instant loan by subrogation pursuant to Article 6(1) of the above consignment contract after collecting part of the loan by selling and selling the above shares against the Plaintiff.

Since June 30, 2011 to December 18, 2012, the Defendant performed a pledge right set up on the security deposit deposited by the Plaintiff pursuant to Article 16(2) of the above consignment contract and appropriated total of KRW 186,89,205 for the repayment of the loan.

E. Article 6 of the instant consignment contract provides that the Plaintiff shall immediately pay for non-performing loans to a customer who has lost the benefit of the term "of the loans the Defendant handled according to the loan recruitment business and loan claims (hereinafter "non-performing bonds") less than 100% of the collateral ratio (Paragraph 1), and that the amount of non-performing loans the Plaintiff subrogated shall be the balance of the Defendant's assets and credits remaining after collecting the loan claims with the proceeds of the counter-sale of securities and deposits in the collateral account (Paragraph 2). Article 16(2) of the instant consignment contract provides that the Plaintiff shall be liable to compensate for damages if the Plaintiff violates the terms of the contract or intentionally or negligently causes damage to the Defendant's assets and credits due to the fraudulent alteration of the loan documents.

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