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(영문) 서울중앙지방법원 2019.01.09 2018가합571161
부당이득금
Text

1. The Defendant’s KRW 1,025,474,706 for the Plaintiff and 5% per annum from October 19, 2018 to January 9, 2019.

Reasons

1. Basic facts

A. C Bank (hereinafter “Nonindicted Bank”) concluded a monetary loan agreement based on a credit transaction agreement as listed below (hereinafter “D”) with D Co., Ltd. (hereinafter “D”), and paid each of the loans (hereinafter “instant 1 through 4 loans”) based on the sequences listed below.

The Plaintiff jointly and severally guaranteed the debt to the D non-party bank according to each of the instant lending contracts within each guarantee limit.

On May 4, 2010, there is no 900,000 USD 2 on May 4, 2010, no 100,000 USD 2 on November 10, 2008, there is no 1,200,000,000,000 won for individual loans for small and medium enterprises on November 10, 2008, 300,000 won for each loan for small and medium enterprises on May 6, 201, 1,000 1,200,000,000 won for each loan for small and medium enterprises on May 6, 201, 300, 1,000,000 won for interest rate of 1,00,000,000,000 won for each loan for small and medium enterprises, 300,000 won for 30,000 won or more for each loan for 1,63030,201.

B. The above A.

At the time of the joint and several guarantee contract between the non-party bank and the plaintiff, the plaintiff created a collateral on the following real estate (hereinafter referred to as "the E-Dong real estate of this case") with the non-party bank to secure the guarantee obligation:

(hereinafter referred to as the “instant collateral security”). [Land] / [2313 square meters in F. F. F. F. F. F. F. Y. Y. and sark 2 colon / [building] the building] F. G. G. G. M. Y. F. F. F. F. / [land] H. M. 2592 square meters in Chicago-si / [2] a warehouse and a single-story warehouse located in J. M. M. F. H. M. M. Mabropo-gu, L.S.

C. On May 29, 2014, Nonparty Bank transferred claims under each of the instant lending agreements and the instant collateral security to I Stock Company.

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