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(영문) 인천지방법원 2018.11.29 2018가단222814
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a corporation established with the purpose of guaranteeing the debt of an enterprise which lacks security capacity under the Credit Guarantee Fund Act, thereby supporting the corporate treasury.

The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”) provided a credit guarantee for a loan from a financial institution, and the Defendant is a creditor who lent money to Nonparty Co., Ltd.

B. On February 3, 2009, the Plaintiff entered into a credit guarantee agreement between the non-party company and the non-party company to obtain a loan from the Industrial Bank of Korea as the credit guarantee principal. A credit guarantee agreement between February 3, 2010 with the term of guarantee until February 3, 2010; on April 27, 2010, the non-party company entered into a credit guarantee agreement between the non-party company and the non-party company with the term of guarantee as the credit guarantee principal; and on March 16, 2015, with the term of guarantee until March 16, 2015, the non-party company as a joint and several surety under each credit guarantee agreement with the Plaintiff at the time.

D. The non-party company received a loan from the Industrial Bank of Korea in accordance with each credit guarantee agreement above.

Fidelity, on the other hand, the non-party company suffered a credit guarantee accident that would lose the benefit due to the delinquency in paying the principal and interest of the non-party company. On November 17, 2014, the plaintiff subrogated to the Industrial Bank of Korea for KRW 512,269,173.

x) The Plaintiff filed an application with Nonparty Company and C for a payment order claiming payment of the balance of the Plaintiff’s claim for reimbursement against Nonparty Company, including penalty, substitute payment, etc., as Incheon District Court Decision 2017 tea17 and 15% per annum from November 17, 2014 to January 31, 2016, with respect to KRW 506,620,570 jointly and severally with the Plaintiff, and KRW 503,168,832 from the following day to the date of full payment.

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