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(영문) 청주지방법원 2019.06.21 2018가단37192
부당이득금
Text

1. The Defendant’s KRW 31,478,806 to the Plaintiff and its related KRW 6% per annum from December 22, 2018 to June 21, 2019.

Reasons

1. Facts of recognition;

A. The Industrial Bank of Korea, from April 26, 2012, extended loans to B Co., Ltd. (hereinafter “B”) from around around April 26, 2012, in order to secure its loan claims, completed the registration of creation of the first-class collective security right with respect to three parcels and buildings on the Cheongju-si, Cheongju-si, Cheongju-si, Cheongju-si, and 1,080,000 won, and completed the registration of establishment of the second-class collective security right with respect to each of the above real property on August 21, 2012, and completed the registration of establishment of the second-class collective security right with respect to each of the above real property in addition to the second-class collective security right with respect to the second-class collective security right.

(hereinafter referred to as the "mortgage of this case") b.

On December 26, 2017, the Plaintiff provided a credit guarantee for part of the loan obligations to the Bank of Korea, and on December 26, 2017, the Plaintiff paid to the Bank the guaranteed obligation by subrogation of KRW 1,237,007,942 out of the loan obligations to the Bank of Korea.

C. On December 26, 2017, the Industrial Bank of Korea entered into a contract for partial transfer of the right to collateral security (hereinafter “instant transfer contract”) with the Plaintiff to transfer an amount equivalent to KRW 352,55,682 out of the instant claim against B of the Industrial Bank of Korea’s payment by subrogation of the Plaintiff. On January 2, 2018, the Industrial Bank of Korea completed the registration for partial transfer of the right to collateral security (hereinafter “instant transfer contract”). On January 2, 2018, the Plaintiff completed the registration for partial transfer of the right to collateral security (hereinafter “the right to collateral security”).

Under the above contract, the order of appropriation for the dividend and the amount to be recovered under the right to collateral security of this case is as follows.

D D D

D. On March 29, 2018, the Defendant concluded with the Industrial Bank of Korea and E Co., Ltd. for the transfer and acquisition of assets acquisition contracts, the remaining loans and claims of the Industrial Bank of Korea, the first-class collateral security and the instant collateral security.

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