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(영문) 대구지방법원안동지원 2014.10.01 2014가단20004
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. On November 24, 2006, the Plaintiff entered into an agreement between our agricultural partnership and the National Agricultural Cooperative Federation to provide a guarantee by setting the principal amount of KRW 400 million and the term of guarantee as of November 23, 2009 (hereinafter “instant credit guarantee agreement”).

According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation due to the Plaintiff’s failure to perform the guaranteed obligation by a Korean agricultural partnership, our agricultural partnership has to pay the Plaintiff’s subrogated payment, damages for delay in accordance with the interest rate (where the interest rate has been changed, the changed interest rate) and other legal procedural expenses. The instant credit guarantee agreement was postponed on November 23, 2012.

B. Meanwhile, on May 26, 2009, the National Agricultural Cooperative Federation held the first priority collective security (hereinafter “first priority collective security”) of KRW 168 million with respect to each real estate indicated in the attached list owned by our agricultural partnership (hereinafter “instant real estate”), and on August 27, 2009, the third priority collective security (hereinafter “third priority collective security”) of KRW 300 million with respect to each real estate indicated in the attached list owned by our agricultural partnership (hereinafter “instant real estate”).

After that, the NongHyup Bank Co., Ltd. (hereinafter “CF”) was transferred by the National Agricultural Cooperative Federation the instant 1 and 3th collateral security due to the corporate division.

C. On December 6, 2012, our agricultural partnership lost the benefit of time due to provisional attachment at the place of business, and the Plaintiff subrogated for KRW 183,155,719 to the Nonghyup Bank on January 23, 2013 in accordance with the credit guarantee agreement of this case for our agricultural partnership. On January 24, 2013, the Plaintiff was transferred from the Nonghyup Bank only on the amount of KRW 70 million out of the maximum debt amount of the instant third-class mortgage of this case 30 million, due to the transfer of the final claim. The amount of dividends and recovered at the time.

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