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(영문) 전주지방법원 2019.02.14 2016가단33525
부당이득금반환 청구의 소
Text

1. The Defendant’s KRW 40,413,779 for the Plaintiff and KRW 5% per annum from July 28, 2018 to February 14, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a credit guarantee agreement three times as follows with respect to the obligations owed to Nonparty B farming association corporations (hereinafter “foreign corporations”) from the Industrial Bank of Korea.

The amount guaranteed on the date of guarantee contract to guarantee shall be KRW 850,000,000 on May 7, 2012, 2014; KRW 540,000,000 on April 2, 2013; and KRW 540,00,000 on April 1, 2014; and KRW 90,000,000 on April 1, 2014;

B. The non-party corporation received loans from the Industrial Bank of Korea under the above credit guarantee contract and received loans several times. In order to secure the above loan obligations, etc., the non-party corporation created a collateral security right on C’s factory site and its ground factory site, etc. (hereinafter “the instant real estate”).

C. The Plaintiff on February 19, 2014

According to the credit guarantee contract under this paragraph, the Bank made a substitute payment of KRW 1,494,625,949 for the principal and interest of loans.

There is a provision that the Plaintiff’s credit guarantee terms and conditions include preferential appropriation of the amount of recovery after the occurrence of non-performing grounds for the credit guarantee in preference to the repayment of claims other than the guaranteed non-loan, and it shall be appropriated for the repayment of claims with guaranteed non-performing loans if there is any balance.

E. The Defendant succeeded to the status by taking over the Bank’s loan claims.

F. According to the distribution schedule prepared on August 8, 2016 at the auction procedure (D Voluntary Auction in Gwangju District Court) regarding the instant real estate, the Defendant was deemed to have received KRW 2,073,769,159 from the Defendant. However, the Gwangju District Court 2016Gahap1825, on August 17, 2016, the Defendant received only KRW 1,602,369,884 out of the dividends on August 17, 2016, and received KRW 472,129,894, including interest on February 27, 2018, which was the date the winning decision was made.

G. In addition, the Defendant filed a lawsuit of demurrer against the distribution with Gwangju District Court 2016Da519688, 519848 and filed a lawsuit of demurrer against the distribution on July 12, 2018, the amount of dividends against the Defendant was KRW 48,00,000.

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