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(영문) 서울고등법원 2018.08.22 2017나2072752
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. As to the Plaintiff’s joint and several sureties, the Plaintiff is a stock company C from around 2003 to March 12, 2009 (hereinafter “instant company”).

(2) From March 12, 2009 to December 11, 2012, the Korea Credit Guarantee Fund concluded a credit guarantee agreement with the instant company on November 18, 2010, and at the time, the Plaintiff, the representative of the instant company, as the representative, guaranteed all obligations owed by the instant company under the said credit guarantee agreement.

On November 22, 2010, the Korea Credit Guarantee Fund issued a credit guarantee statement for KRW 19750,000,000 among them with respect to the loans that the instant company obtained from the Korean bank.

3) On December 30, 2012, the instant company: (a) prepared and delivered a written agreement on repayment of loans to the Plaintiff that “the instant company shall accept or repay the said loans (the balance of KRW 212 million) that the Plaintiff resigned from the company on December 19, 2012 and the Plaintiff borrowed from our bank by no later than January 31, 2013.” (b) On the part of the Plaintiff and the instant company’s minutes of the transfer of assignment of claims and the interim general meeting of shareholders among the instant companies, “10 million won of the Plaintiff’s bank loans to secure the Plaintiff’s guaranteed liability of KRW 212 million”; (c) the minutes of the temporary general meeting of shareholders on June 14, 2013, which were prepared by the Defendant’s resolution on the “the proposal to transfer the Defendant’s bonds equal to the above balance of the loans out of the unjust enrichment claims to be returned to the Defendant unfairly disbursed by the instant company.”

The minutes of the above provisional shareholders' meeting include three total shareholders (10,000 shares) and two shareholders of both the plaintiff and E are present (6,000 shares of shareholders present).

As of 2013, the statement on the state of changes in stocks, etc. of the instant company stated that the Plaintiff holds 5,000 shares among total 10,00 shares, E 1,00 shares, and G 4,00 shares.

2. '2' from the company of this case to the defendant of this case.

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