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(영문) 부산지방법원 2015.05.13 2014가합47163
부당이득금
Text

1. The plaintiff's primary and conjunctive claims against the defendant A and the defendant B are dismissed, respectively.

2...

Reasons

Basic Facts

On June 26, 2008, the Plaintiff entered into a credit guarantee agreement, and the Plaintiff’s subrogation, upon the request of D Co., Ltd. (hereinafter “D”), provided a credit guarantee (hereinafter “credit guarantee in this case”) on June 25, 2010 with regard to the principal and interest of loan to be borne by obtaining a loan from D, one bank, setting the credit guarantee principal as KRW 180,000,000, and the guarantee term as of June 25, 2010, and C, the representative director of D, jointly and severally guaranteed the indemnity liability owed to D to the Plaintiff pursuant to the credit guarantee agreement in this case.

D was granted a loan of KRW 180,000,000 from one bank on June 26, 2008 under the credit guarantee of this case.

D From July 16, 2009, a credit guarantee accident occurred due to delinquency in the payment of interest on the above loan obligation. On September 11, 2009, the Plaintiff subrogated to the Han Bank for the total amount of KRW 180,000,000 as principal and interest KRW 3,469,364 as principal and interest KRW 183,469,364 as principal and interest on the loan.

On the other hand, the Plaintiff recovered KRW 882,40 from D, and the remaining amount of the gross subrogation is KRW 182,586,964 (i.e., KRW 183,469,364 - 882,40). The final delay damages incurred are KRW 1,679.

On October 20, 2011, the plaintiff filed a lawsuit against D and C for the claim for indemnity with Busan District Court Decision 201Da88173, and the above court rendered a judgment that "D and C jointly pay to the plaintiff 182,58,643 won, and 182,586,964 won among them, with 182,58,64 won, with 15% per annum from September 11, 2009 to August 23, 2011, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive on November 10, 2011.

After the judgment became final and conclusive, the Plaintiff spent KRW 2,392,794 as legal procedure costs to preserve the claim for indemnity.

(2) Defendant A, a wife of C, such as the registration of transfer of ownership on the real estate No. 1 and 2 of this case, shall be deemed to have been completed on October 5, 2012.

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