logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2016.04.29 2015가단9444
부당이득금반환
Text

1. The Defendant’s KRW 25,059,121 as well as the Plaintiff’s KRW 5% per annum from May 21, 2004 to April 29, 2016.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is the management institution of the Agriculture and Forestry Credit Guarantee Fund established under the Act on the Credit Guarantee for Farmers and Fishermen in order to guarantee the credit of farmers and fishermen, etc. who lack security capability. 2) The Defendant merged the former Agricultural Cooperative (hereinafter “Seoul Agricultural Cooperative”) on January 26, 2006 and comprehensively succeeded to all the rights and obligations of the former Agricultural Cooperative.

B. Article 2 (Scope of Entrusted Business Affairs) ① The scope of business affairs entrusted by the Plaintiff to the High Agricultural Cooperative is as follows:

1. Receiving and managing applications for credit guarantee;

2. The following guarantee, decision and execution:

3. Collection and management of a credit guarantee agreement;

8. The management and collection of the right to indemnity (including damages) that the Plaintiff paid on behalf of the High Agricultural Cooperative (including damages) under Article 3(1) of the Act on Credit Guarantee for Farmers and Fishermen, Enforcement Decree of the Act, Enforcement Decree of the same Act, credit guarantee contract, provisions of the Plaintiff’s credit guarantee service contract, method of credit guarantee service, and other instructions given by the Plaintiff shall be faithfully complied with.

Article 9 (Exemption) (2) In the course of performing the entrusted business (excluding subparagraph 8) under Article 2 (1), if the plaintiff violates the provisions of Article 3 (1), the plaintiff shall be exempted, in lieu of paragraph (1), from all or part of the liability for the guarantee of the guaranteed obligation in accordance with the criteria for the exemption determined by the plaintiff and notified to the High Agricultural Cooperatives.

Around March 2005, the Plaintiff entered into a contract on entrustment of business with the High Agricultural Cooperatives, and its main text.

Contents as follows:

(hereinafter “instant entrustment contract”). C.

In accordance with A’s loan progress and subrogation contract of this case 1, Gowon A was determined as the Plaintiff’s entrusted institution on May 15, 200 as the guaranteed amount of KRW 20,000,000, and two years and six months from the date of the term of guarantee loan.

arrow