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(영문) 수원지방법원안양지원 2016.09.30 2015가합101752
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 reimbursement against B 1) The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) on November 11, 2001 and pursuant to such agreement, C Co., Ltd. (hereinafter “Corporate Bank”).

(2) On December 24, 2001, with respect to the money to be borrowed from the bank, the credit guarantee statement was issued in the amount of KRW 425 million with the guarantee number G, the guaranteed principal amount of KRW 295 million with the guarantee number E on December 29, 2001, KRW 250 million with the guaranteed principal, ③ the guarantee number F on October 10, 2003, KRW 425 million with the guaranteed principal, ④ the guarantee number G on December 21, 2006, KRW 250 million with the guaranteed principal, and C was loaned KRW 1295 million with the company bank as security, and KRW 35 million with the guarantee amount of KRW 30 million with the guarantee amount of KRW 30 million with the guarantee amount of KRW 30 million with the guarantee amount of KRW 250 million with the guarantee amount of KRW 30 million with the guarantee amount of KRW 30 million with the guarantee amount of the Plaintiff.

3) From June 19, 2008, C began to delay the payment of interest on loans to an enterprise bank. On July 17, 2008, C filed a claim against the Plaintiff for the performance of the guaranteed obligation. On October 23, 2008, the Plaintiff repaid KRW 958,694,923 to the enterprise bank. 4) The Plaintiff filed a lawsuit against C and the joint guarantor for the claim for reimbursement under Seoul Central District Court 2009Kahap7026, June 18, 2009, “C, B, and H jointly and severally against the Plaintiff for the amount of KRW 954,806,406,40 and the amount of KRW 951,975,63 from the following day to October 23, 2008, the Plaintiff paid the amount to KRW 958,694,923 from the following day to the date of full payment.”

B. On February 5, 2009, the Defendant, the representative of C in the instant real estate sales contract and the wife of B, purchased from I the J building Nos. 209 Dong 1901 (hereinafter “instant real estate”) of KRW 325 million in the purchase price, and completed the registration of ownership transfer under the Defendant’s name on March 31, 2009.

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