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(영문) 수원지방법원안양지원 2015.01.29 2013가합102515
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’s claim 1) The Plaintiff’s claim against B is limited to the white metal Co., Ltd. (hereinafter “White metal”) on four occasions from February 8, 1993 to June 23, 1997.

B) Among them, in receiving a loan from the Industrial Bank of Korea and the Korea Exchange Bank, the Plaintiff entered into a credit guarantee agreement to guarantee the repayment of the principal and interest of the loan, and B, C, and D jointly and severally guaranteed the obligation to the Plaintiff on the white metal based on the said credit guarantee agreement. 2) The White Metal submitted a credit guarantee agreement issued by the Plaintiff and received a loan from the Industrial Bank of Korea and the Korea Exchange Bank, but did not pay interest on the loan from December 24, 1997. The Plaintiff paid the principal and interest on the White Metal loan to the Industrial Bank of Korea and the Korea Exchange Bank on behalf of the Plaintiff.

3) Afterwards, the plaintiff filed a lawsuit against the plaintiff on August 11, 1999 against 0 metals, B, C, and D, and won. On March 5, 2009, the time the extinctive prescription of the above judgment was expired, the plaintiff filed a lawsuit against 00 metals, B, C, and D with the Seoul Central District Court on September 30, 209 for the claim for indemnity, and the defendant purchased 78,476,946 won and 75,57,391 won from the above court on September 26, 1998 to 200, "the defendant purchased 30% of the above annual interest rate from the day following the above 200,000 won to 30,000 won from May 26, 1998, 200, B,4248,767 won and the defendant purchased 20,000 won per annum from the day following the above judgment of 19,1988.

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