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(영문) 대구지방법원 2019.02.20 2018가단108855
부당이득반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim for indemnity against Nonparty B (1) (hereinafter “C”) entered into a credit guarantee agreement with the Plaintiff as of June 24, 2016 between the Plaintiff and the process of obtaining a loan of KRW 300 million from D Bank, with the guarantee number E, the guaranteed amount of KRW 270 million as of June 24, 2016, and the guarantee period of KRW 270 million as of June 23, 2017.

(2) In concluding a goods supply contract with Nonparty F Co., Ltd. (hereinafter “H”), H Co., Ltd. (hereinafter referred to as “H”) concluded a credit guarantee agreement with the Plaintiff on June 1, 2016, with the guarantee number I, the guaranteed amount KRW 2.5 billion, and the guarantee period as of May 31, 2017.

(3) Nonparty B, the representative of C and H, respectively, concluded a joint and several guarantee agreement.

(4) On May 31, 2017, C and H have caused a guarantee accident that has lost the benefit of the term of the above loan. Accordingly, the Plaintiff, as a guarantor, subrogated KRW 272,85,268 to D Bank on September 12, 2017, by subrogationing C, and subrogated KRW 249,339,231 upon request for performance of guarantee by FF Company on July 14, 2017, and (2) subrogated KRW 2,498,151,531 upon request for performance of guarantee by FF Company on behalf of H as of July 5, 2017.

(5) The Plaintiff filed a payment order with the Changwon District Court No. 2017 teas. 5549 against C and B, and C and B jointly received a payment order with the Plaintiff to jointly and severally pay KRW 524,456,479 and damages incurred in delay against C and B. The payment order was finalized thereafter, and H and B filed a payment order with the Changwon District Court No. 2017 teas. 4162 against H and B, and H and B jointly filed a payment order with the Plaintiff.

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