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Reasons
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(영문) 서울고등법원 2017.11.30 2016나2046572 (1)
부당이득금
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1. The plaintiff's appeal is dismissed.

2. The time limit for subrogation among the plaintiff's primary claims added at the trial.

Reasons

1. Basic facts

A. 1) The Plaintiff (B Co., Ltd. prior to the amendment on May 20, 2010) (hereinafter “instant loan agreement”) is a golf course development project in Chuncheon City C (hereinafter “instant project”).

(1) On November 9, 2009, the entry of the Plaintiff on November 9, 2009, into the name of the borrower and the executive officer, the Korean Bank Co., Ltd. and Sudong-In Limited Co., Ltd. (hereinafter referred to as the “Co., Ltd.”), and the “Limited Co.

2) The Plaintiff entered into a loan and business agreement with us to obtain a loan amounting to KRW 70 billion from us as joint and several surety for us, Hyundai MEX Co., Ltd., a joint and several surety for us and joint and several surety for us, a funding management agency, D, and D (hereinafter “instant loan agreement”).

2) According to the instant loan agreement, the Plaintiff shall repay the loans of 40 billion won of us bank (hereinafter “T Bank Bank loans”) in four installments over 15 months from the date of loan execution to the date 24 months from the date 15 months have elapsed from the date of loan execution, and may temporarily repay the loans of 30 billion won of Dong-dong Bank B (hereinafter “T Bank B”) on the date 27 months have elapsed from the date of loan execution.

In the context of this Agreement, the terms used in this Arrangement, unless the context otherwise requires, have the following meanings, and the following terms shall include both a single and multiple times, unless the context otherwise defined in this Arrangement:

3."Financial Contract" means all of this Agreement, Security Contracts, Basic Terms and Conditions for Bank Credit Transactions (for enterprise) and other documents attached thereto, as well as all of the contract related to the Project and other documents attached thereto, which are prepared in accordance with or incidental to them;

5. “Reasons for the Loss of Maturity” means Article 12-2.

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