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(영문) 인천지방법원 2015.11.24 2014가단229190
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On June 24, 2003, the guarantee term of the principal guaranteed to the principal guaranteed to the principal of the principal guaranteed to the principal of the principal guaranteed to the principal of the principal guaranteed to the principal of the principal, which is the basic fact guarantee agreement (al.e., the subsequent change to KRW 35.7 million) : June 23, 2004 (al.e., the subsequent change to June 23, 2006) : the non-party company of the Han Enterprise Bank Co., Ltd. of the Republic of Korea on June 28, 2006.

1) The Plaintiff is Jinsung Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”).

B) On the other hand, at the time of the above 1 and 2 credit guarantee agreement, the non-party company jointly and severally guaranteed the non-party company's indemnity liability to the plaintiff at the time of the above 1 and 2 credit guarantee agreement, and C jointly and severally guaranteed the non-party company's indemnity liability to the plaintiff at the time of the above 2 credit guarantee agreement.

3) Under the above credit guarantee agreement, the non-party company received 45 million won from the bank on July 3, 2003, and 500 million won from the company bank on June 30, 2005, respectively. On January 17, 2006, the non-party company lost the benefit of each of the above loans, and on April 17, 2006, the plaintiff paid 36,335,537 won to the bank on April 17, 2006, and on March 20, 2006, paid 435,595,890 won to the company company on March 20, 206, the judgment below became final and conclusive as follows.

On the other hand, the plaintiff recover part of the amount of subrogation thereafter, and the principal of the amount of subrogation remaining after the time of the lawsuit of this case is KRW 431,016,088.

The Plaintiff

A. The non-party company and B are jointly and severally and severally 472,268,907 won and 36,335,537 won among them.

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