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(영문) 부산지방법원 2014.02.12 2013가합44945
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between the Plaintiff’s indemnity claim EF GH (1) with C as indicated in the details of the guarantee indicated in Table 1 below, and B and D jointly and severally guaranteed the liability for indemnity to be borne by C pursuant to the above credit guarantee agreement.

EF GH (2) C was loaned as stated in the loan details according to the above credit guarantee agreement, but the credit guarantee accident occurred on June 9, 2008.

(3) Accordingly, on August 8, 2008, the Plaintiff paid a total of KRW 73,153,937 and KRW 961,985,071 to the Busan Bank on September 17, 2008, and collected KRW 3,682,880 among them: (a) filed a claim for reimbursement against C, B, and D with the Seoul Western District Court 2010dan47356, and filed a claim for reimbursement against C, B, and D on December 29, 2010, “C, B, and D jointly and severally received KRW 1,031,457,641 from August 8, 2008 to September 17, 2008 to October 13, 2008; and (b) rendered a favorable judgment with respect to KRW 73,153,937 from September 17, 2008 to October 15, 2015.”

After the judgment became final and conclusive, the Plaintiff spent KRW 4,224,630 as the legal procedure cost to preserve the claim for reimbursement.

(hereinafter the above final and conclusive obligation and the above legal procedure costs are added to the indemnity liability of this case). (B)

On September 28, 2009, the Defendant, who was the wife B of the instant real estate, purchased on September 28, 2009, the real estate indicated in the separate sheet (hereinafter “instant real estate”) from the members flus Construction Co., Ltd., in the amount of KRW 330 million and completed the registration of ownership transfer on May 26, 2010 as the Busan District Court’s Dong Branch Branch Branch Branch No. 50071.

(c) B is currently insolvent.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the Ministry of Land, Infrastructure and Transport of this Court, fact-finding, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment are as follows.

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