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(영문) 서울중앙지방법원 2017.04.27 2015가합549835
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The basic facts C established F Co., Ltd. (hereinafter “F”) as an executor for the promotion of apartment development projects in the father D and the Eth of Gwangju City, and the Defendant was registered as F’s representative director on the register.

On the other hand, C established B(hereinafter “B”) in order to purchase and operate H shopping mall 26 units located in G and 3 parcels in Changwon-si.

The Bankrupt Savings Bank Co., Ltd. (hereinafter “Toma Savings Bank”) concluded a credit transaction agreement with B as follows, and C provided a comprehensive collateral guarantee within the limit of KRW 682 billion.

Pursuant to the lending transaction agreement at issue, B transferred KRW 1.275 billion out of KRW 4 billion out of KRW 1.2 billion in the name of Nonparty I to the Korean bank account in the name of Nonparty I pursuant to the lending transaction agreement at the rate of interest rate and delay compensation rate of KRW 4 billion on May 27, 2011, KRW 1.1 billion per annum 10% per annum 25% per annum on August 3, 2012, KRW 201, KRW 1.275 billion per annum on August 3, 2012.

On February 16, 2010, NEto Savings Bank entered into a credit transaction agreement with F and 14.75 billion won due date on February 16, 201 with a view to making loans at the rate of 11% per annum and 23% per annum on February 16, 2011. The Defendant, the representative director of F, made a comprehensive guarantee to guarantee obligations under the F’s credit transaction agreement with the bankruptcy bank within the limit of 22.125 million won.

On August 31, 2012, the Plaintiff was appointed as a trustee in bankruptcy according to the declaration of bankruptcy against the Komato Savings Bank.

(U) On February 16, 2016, the Plaintiff filed a claim against the Defendant for part of the loans under the General Service Guarantee Agreement with respect to the above F, and the Defendant calculated on February 16, 2016 at the rate of KRW 5,00,000,000 per annum from June 16, 2010 to June 29, 2010, and the rate of KRW 23% per annum from the following day to the date of complete payment.

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