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(영문) 서울동부지방법원 2016.10.20 2015가합103102
부당이득반환
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff entered into each credit guarantee agreement (i.e., each of the instant credit guarantee agreements on May 24, 2013), which is necessary to obtain a loan for corporate driving capital from the Korea Cmat Bank (hereinafter “Cmat Bank”), with respect to the DNA gas station operated by Defendant A (hereinafter “Cmat Bank”), with each of the credit guarantee agreements necessary for obtaining a loan for corporate driving capital (i.e., the guaranteed principal amount of KRW 144 million on May 24, 2013; (ii) the term of the guarantee; and (iii) June 10, 2013; (iv) KRW 91.8 million on the guaranteed principal; and (v) the term of the guarantee; hereinafter collectively referred to as “each of the instant credit guarantee agreements”).

Each credit guarantee agreement of this case provides that when the plaintiff fulfilled the guaranteed obligation, damages for delay shall be added to the amount of the guaranteed obligation from the date of the performance of the guaranteed obligation.

B. On May 22, 2014, Defendant A received a loan from the CT Bank under each of the credit guarantee agreements in this case, and the credit guarantee accident occurred by closing the D gas station.

Accordingly, on July 4, 2014, the Plaintiff subrogated 237,918,690 won to the Citti Bank.

In addition, 484,540 won was paid by subrogation under each credit guarantee agreement of this case.

C. 1) On April 23, 2014, Defendant A and Defendant C, as well as Defendant A’s land E and 4 and above ground D gas station buildings owned by Defendant A (hereinafter “instant gas station”).

(2) The right to collateral security and provisional seizure, which are recorded on the registry, in selling the purchase price of KRW 2 billion to Defendant C, are succeeded by Defendant C, and KRW 41.6 million out of the purchase price, shall be the real estate listed on the separate list owned by Defendant C (hereinafter “instant real estate”).

A) A sales contract was concluded to substitute for payment upon the transfer of ownership (hereinafter “instant sales contract”).

(2) On April 23, 2014, Defendant B and C sold the instant real estate to Defendant B with the purchase price of KRW 414.6 million. The right to collateral security established on the instant real estate was created with the content that Defendant B succeeds to the said right.

3 Defendant C is subject to the instant sales contract on April 24, 2014.

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