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(영문) 부산지방법원동부지원 2014.06.13 2013가합1951
부당이득금반환
Text

1. The Plaintiff, the Korea Credit Guarantee Fund, the Korea Technology Credit Guarantee Fund, and the Korea Technology Credit Guarantee Fund respectively, KRW 9,653,609, and Defendant Korea Trade Insurance Corporation.

Reasons

1. Basic facts

A. (1) On March 27, 2002, the Plaintiff’s claims against the Plaintiff and the Defendants (A) lent KRW 717,000,000 per annum to the Sejong Metal Co., Ltd. (hereinafter “Syoung Metal”) at the interest rate of 21% per annum, and on March 27, 2002, KRW 690,00,000 per annum to the Samwon Metal Co., Ltd. (hereinafter “Seoul Metal”), respectively, at the interest rate of 21% per annum, and each of the above loans was jointly and severally guaranteed by A.

(B) On January 25, 2006, the Plaintiff filed a lawsuit against Sejong Metal and A with the Busan District Court 2006Kadan20197. On May 3, 2006, the Plaintiff sentenced on May 3, 2006, “The amount of money calculated at the rate of 21% per annum from 95,930,261 won jointly and severally held by the above court and 92,369,603 won, and from January 18, 2006 to the day of full payment” to “the amount of money paid at the rate of 21% per annum from the above court to the day of full payment.” On June 3, 2006, the above judgment became final and conclusive, and on January 25, 2006, the Busan District Court 2006Kadan20180, and sought a loan from the above court 2006Da36181,27,281,27.16,284 and 17.28.1.

(2) The Defendant Credit Guarantee Fund’s credit against the Defendants (A) concluded a credit guarantee agreement with the Defendant Credit Guarantee Fund under the joint and several sureties of three-dimensional metals and A in obtaining a loan from the banks. On October 5, 2005, the Defendant Credit Guarantee Fund made a payment by subrogation to the said financial institution on the account of an overdraft of three-dimensional metals, and concluded a credit guarantee agreement with the said financial institution under the joint and several sureties of three-dimensional metals and A, etc. on September 26, 2005.

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