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(영문) 서울중앙지방법원 2017.10.20 2017나13891
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The Industrial Bank of Korea established a credit guarantee agreement that guarantees repayment of the above loans within the limit of KRW 484,00,000 with the Cheong forest industry on December 8, 2010 and KRW 435,600,000 (Guarantee Ratio 90%).

On April 26, 2012, the Cheong forest industry entered into a security transfer contract with P.V.C. 3PCS Embsing M/C (hereinafter “instant transfer security”) with a limit of KRW 576,00,000 in order to secure the Industrial Bank of Korea and the above loans.

(2) On December 12, 2014, the Defendant concluded a contract with the Industrial Bank of Korea on the same day (hereinafter “instant contract for the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the transfer of the instant case (hereinafter “instant contract for the transfer of the transfer of the transfer of the transfer”), and on December 2, 2012, the sale price of the transferred property as stipulated in the instant contract for the transfer of the transfer of the transfer of the transfer was appropriated in

Expenses related to the sale by transferor or transferee (appraisal fees, public auction notification fees, etc.);

(b) Expenses for the management and preservation of transferor and transferee (manufacturing feed, insurance premiums, fees for security guards, warehouse fees, etc.);

(c) The difference between overdue interests and agreed interest accrued until the date on which the guaranteed obligation is discharged;

(d) Contents of the order of appropriation for the amount divided in proportion to the ratio of partial guarantee of transferor and transferee (10:90) to the portion of guarantee of non-loan are as follows:

On March 3, 2015, the Industrial Bank of Korea concluded an asset transfer agreement with a stock company, and comprehensively transferred the claims for loans to the Cheonglim Industry and the rights accompanying them. On March 26, 2015, Ep&A Co., Ltd transferred the above claims and rights to the Plaintiff.

On the other hand, the Industrial Bank of Korea established a stock company on November 13, 2014 to prevent the theft, etc. of the instant transferred security.

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