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(영문) 서울중앙지방법원 2016.04.05 2015나63380
부당이득금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. 1) The Cho Heung Bank Co., Ltd. established the right to collateral security of this case (hereinafter “the right to collateral security of this case”) on August 7, 199, the non-party Samsan Co., Ltd. (hereinafter “the right to collateral security”).

(C) the land and its ground buildings (hereinafter referred to as the “instant real estate”) located in the lower Myeonkdo-ri, Incheon, the Doksan-si, the lower Doksan-gun, Incheon, which is owned by Samsan-si, in order to

As to the maximum debt amount, the right to collateral security (hereinafter “instant right to collateral security”) of KRW 520 million is deemed to be the maximum debt amount.

2) On April 1, 2006, the KIB was merged with the KIB Co., Ltd. (hereinafter “KIB”) on April 1, 2006, and on July 27, 2010, the KIB concluded the registration of transfer of the instant right to collateral security.

B. The Plaintiff’s credit guarantee agreement and loan 1) on September 14, 2009, the Plaintiff entered into a credit guarantee agreement with the amount of security deposit at KRW 160 million with respect to the obligation to be borne with the loan from the new bank of Samsan on a credit basis, and issued a written credit guarantee agreement. 2) On October 1, 2009, the new bank loaned KRW 200 million to the so-called “Tin” as security.

C. On July 2, 2010, the Plaintiff’s subrogation and partial transfer of the instant right to collateral security (the instant right to collateral security (the instant right to collateral security) lost the benefit of the said loan due to the due diligence on July 2, 2010. On July 23, 2010, the Plaintiff subrogated KRW 161,112,372 to the new bank in accordance with the said credit guarantee agreement. (2) On July 27, 2010, the Plaintiff concluded a contract for partial transfer of the instant right to collateral security (the instant right to collateral security) with the new bank under which the Plaintiff would be transferred to the new bank on July 27, 2010, and completed additional registration of partial transfer of the right to collateral security (145,742,000 won) on the same day

When concluding the instant appropriation agreement and the new bank enter into the said appropriation agreement, the Plaintiff and the new bank, the Korea Technology Credit Guarantee Fund, and the Korea Technology Credit Guarantee Fund, by subrogation, shall pay the other loans to the new bank of Samsung as a guarantor.

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