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(영문) 서울서부지방법원 2017.02.03 2016가단241204
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 1, 1993, the Gangwon Bank Co., Ltd. (hereinafter “Gwon Bank”) loaned KRW 200 million to A under a contract for a loan of general corporate facilities. After receiving the repayment of KRW 40 million, the repayment period extended by borrowing the remainder KRW 160 million with the joint and several guarantee of B and C on August 29, 1994.

(hereinafter referred to as "the loans of this case". (b)

B With respect to ① Yeung-si D’s single-story housing, ② E’s housing site and ground, ③F miscellaneous land (hereinafter “instant real estate”), G, H on July 13, 195, and I on July 24, 1995.

C. Defendant Korea Technology Finance Corporation provisionally attached the instant real estate on August 3, 1995, and the Korea Federation of Small and Medium Business on August 21, 1995, and the Korean National Bank Co., Ltd. (hereinafter “National Bank”) on August 25, 1995, respectively, provisionally attached the instant real estate 2 and 3 real estate.

After having attached the real estate of this case on June 8, 1996, the Gangwon Bank received a judgment that Gap, B, and C shall jointly and severally (excluding the amount of KRW 40 million paid) 120 million and the amount calculated by the rate of 19% per annum from December 1, 1995 to the date of full payment, and the judgment became final and conclusive on September 1, 1996.

E. G and H filed an application for voluntary auction with the Gangnam Branch of the Chuncheon District Court on the basis of the foregoing right to collateral security, and on December 24, 2008, the distribution schedule was formulated that the said G, H, and I was distributed only to the said G, H, and I.

F. The Defendants filed a lawsuit of demurrer against the Defendants against G, H and I, and the judgment that the aforementioned collateral security was null and void since all of the aforementioned collateral security was based on a false conspiracy.

G. Accordingly, the distribution schedule was re-established on October 7, 2009, and Defendant Korea Technology Finance Corporation 83,286,172 won, Defendant Korea Asset Management Corporation 192,978,652 won, and Defendant Korea Small and Medium Business Federation 71,336,245 won, respectively.

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