(영문) 창원지방법원 2018.01.24 2017나54019

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(영문) 창원지방법원 2018.01.24 2017나54019

부당이득금

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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On February 26, 2013, the Plaintiff entered into a credit guarantee agreement with a credit guarantee principal of KRW 20,000,000 (hereinafter “the instant credit guarantee agreement”) with respect to a loan of KRW 20,000 from the Nonghyup Bank (hereinafter “A”), and in this case, B jointly and severally guaranteed the indemnity obligation that A will bear in accordance with the instant credit guarantee agreement.

B. A was unable to pay the principal and interest of the loan, and the Plaintiff received a claim for the performance of guaranteed obligation under the credit guarantee contract of this case from the Nonghyup Bank, and on June 30, 2015, the Plaintiff subrogated for KRW 19,413,695 in the said bank.

C. The Defendant received dividends of KRW 68,045,797 as the first-class mortgagee in the auction procedure for D real estate auction (hereinafter “the auction procedure for prior auction”) in Changyang-si, Changyang-si, which was owned by B, with a total of KRW 13,500,000, and KRW 650,000 based on the second-class collateral security (the highest-class collateral amount) No. 13,000, and KRW 2,000 based on the second-class collateral security (the highest-class credit amount of KRW 6,50,000,000) (the highest-class collateral amount of KRW 52,00,000,000, and KRW 48,545,797, each of the instant joint collateral security”).

After that, the Defendant received the dividends of KRW 212,249,719 in total, 212,249,719 in the amount of the dividends of Kimhae-si, the holder of the right to deliver the dividends of KRW 266,720 from the total amount of the dividends of KRW 212,516,516,439, which was the holder of the right to deliver the dividends of KRW 266,720, the amount of the dividends of KRW 104,00,000 and KRW 52,00,000 based on the joint collateral security No. 4 of the above apartment register No. 106,00 and KRW 303 of the third apartment No. 303 (hereinafter “the apartment of this case”). The Defendant received the dividends of KRW 52,00,000 based on the joint collateral security of this case (the maximum amount of the claims of KRW 65,00,000).

E. The plaintiff does not belong to this case.

유사 판례

-울산지방법원 2014.08.14 2012가합8495

-서울고등법원 2015.03.04 2014나2013790

-수원지방법원성남지원 2014.04.11 2013가합948

-수원지방법원 2017.08.24 2016가단535834

-수원지방법원성남지원 2017.10.24 2016가단8076