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(영문) 인천지방법원 2019.02.12 2018나58199
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 5, 1997, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) on obtaining a general loan from D Bank, and E, based on the above guarantee, jointly and severally guaranteed all indemnity obligations owed by C to the Plaintiff.

B. On April 23, 1999, the Plaintiff subrogated for a loan to C, and the Seoul Central District Court 99Da286113 filed a claim for indemnity under the credit guarantee agreement against C and E, etc., and the judgment accepting the Plaintiff’s claim was finalized on March 31, 200.

(2) After the judgment of the first instance court, the Plaintiff filed a lawsuit against C, E, etc. for the interruption of the extinctive prescription of the above claim for reimbursement amount under the Seoul Central District Court 2010Kadan141871, and on February 15, 2011, the judgment was rendered that “C, E, etc. jointly and severally with the Plaintiff for KRW 224,326,64 and 185,587,357 as to KRW 18% per annum from April 23, 199 to February 1, 200, and 25% per annum from the next day to the day of full payment” and became final and conclusive around that time.

(hereinafter referred to as “the second final judgment”) C.

On January 31, 2011, the Plaintiff: (a) based on the final and conclusive judgment of the instant case, determined the amount claimed as KRW 50,000,00,000 as “G”); and (b) received a seizure and collection order as to the wage claim against E as Seoul Eastern District Court 201TTT2182.

On April 23, 2010, the defendant was issued by a notary public with an executory exemplification of a notarial deed No. 321, No. 321, No. 321, 2010, by designating the debtor as E, a third debtor as G, and the claim amount as KRW 100,000,000 (the amount of pledge notes), and was issued by the Seoul Eastern District Court No. 2010, Jun. 23, 2010 as Seoul East District Court No. 2010

E. G paid the Defendant a total of KRW 100,000,000 in accordance with the above assignment order.

F. On the other hand, on the one hand.

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