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(영문) 서울중앙지방법원 2011.05.12 2010가합14433
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant entered into a credit transaction agreement and a payment guarantee agreement between the Defendant and Iljin Shipbuilding Co., Ltd., with the Defendant, to guarantee the return of advance payment to be paid in advance pursuant to the shipbuilding agreement entered into between Il Il Shipbuilding Shipbuilding Co., Ltd. (hereinafter “Stung Shipbuilding”) with the Defendant, in order to guarantee the return of advance payment to be paid in accordance with the shipbuilding agreement entered into with the shipbuilding agreement entered into with Sung Ho Shipping Co., Ltd. (hereinafter “Stung Shipping”), the Defendant agreed to obtain the right to transfer security for the vessel and raw materials built by Il Ho Shipbuilding under a special agreement, as follows:

(1) Date of conclusion: US dollars 20,90,000,000 for guarantee period: by October 31, 2008; the method of payment guarantee: The method of payment guarantee issued until October 31, 2008; and the method of payment guarantee issued: The date of conclusion: March 12, 2008; US$ 20,900,000 for guarantee period; the method of payment guarantee issued until March 11, 2009; the method of payment guarantee issued; the method of payment guarantee issued.

B. According to each of the above payment guarantee agreements, the Defendant entered into a contract to establish a security right for transfer of a ship between the Defendant and the Ilung Shipbuilding. ① Under the above payment guarantee agreement, the Defendant is the “No. 1,300 tons of the order for sexual sea transport in the place of business of Il Heung Shipbuilding, which is located on October 31, 2007, 1,300 tons of the order for sexual sea transport (Hul NO. 1H07-140, hereinafter “No. 140”).

(2) On March 11, 2008, Japan Shipbuilding’s business establishment, as collateral, 1,300 tons or more of the order of Sungho Shipping (hereinafter “this case’s 141 ship”) and “each of the instant vessels,” and “each of the instant vessels,” including the instant 140 vessels.

(2) The main contents of each contract to establish a security interest in collateral are as follows: (a) entering into each contract to establish a security interest in collateral ($25 million) and each contract to establish a security interest in collateral; and (b) complete the possession and transfer of the collateral by means of the occupancy revision.

Article 2 (Possession and Preservation of Collaterals)

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