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(영문) 서울중앙지방법원 2016.03.24 2015나42628
부당이득금
Text

1.The judgment of the first instance, including a claim extended and reduced in the trial, shall be modified as follows:

In this case.

Reasons

1. Basic facts

A. On April 2, 2010, the Plaintiff, the representative of H, entered into a performance guarantee insurance contract (hereinafter “first performance guarantee insurance contract”) that provides the insured as “the payment guarantee for foreign goods” from April 2, 2010 to April 1, 201, the insurance period of which is KRW 10,000,000, and the content of which is “the payment guarantee for foreign goods” (hereinafter “the first performance guarantee insurance contract”).

On August 20, 2010, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “second performance guarantee insurance contract”) with the insured as “payment guarantee for sales incentives” from July 13, 2010 to July 31, 2013, with the insurance period of KRW 15,970,000, and with the content of the guarantee from July 13, 2010.

B. On November 30, 2010, the occurrence of the insured events stipulated in each performance guarantee insurance contract.

Accordingly, on February 9, 2011, the Plaintiff paid insurance proceeds of KRW 9,585,501, and KRW 14,59,645, respectively to Cheongju, Inc., the insured of the second performance guarantee insurance contract, and KRW 14,59,645.

C. On May 24, 2013, the Plaintiff filed a lawsuit against B seeking reimbursement pursuant to the Seoul Central District Court Decision 201Da164137, thereby winning the judgment. The said judgment became final and conclusive on May 24, 2013.

In addition, the plaintiff filed a lawsuit against B seeking the payment of indemnity amount under the first performance guarantee insurance contract with the Seoul Central District Court 201Ga Office No. 1707541, and the above judgment was finalized on December 27, 2011.

On the other hand, on December 15, 2010, B concluded a mortgage agreement with the Defendant on the instant real estate (hereinafter “instant mortgage agreement”) with the Defendant, and completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with the Seoul Northern District Court No. 76191, Dec. 15, 2010, the Seoul Northern District Court received the maximum debt amount of KRW 150,000,000, and the debtor as B.

E. The instant real estate is located.

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