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(영문) 서울서부지방법원 2016.02.12 2015가단201292
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. B, when C (hereinafter “C”) obtains a total of KRW 7,750,00,000 from September 12, 2005 to March 10, 201, a total of KRW 17,000 from the Industrial Bank of Korea, such as loans for small and medium enterprise funds and discount of bills, etc. from the Industrial Bank of Korea, C jointly and severally guaranteed the above loan obligations against the Industrial Bank of Korea.

B. On August 30, 201, the Industrial Bank of Korea entered into an asset acquisition agreement with a local school, other than Pulna halogen, in accordance with the asset acquisition agreement entered into with the said first transferee and the UNPS specialized company (hereinafter “NS”) on September 28, 201, pursuant to the asset acquisition agreement entered into with the said first transferee and the said KPS specialized company (hereinafter “NS”), transferred the claims against C to ES, and notified the said assignment of claims to C on September 29, 201.

On December 5, 2014, E.S. concluded with the Plaintiff an asset transfer agreement with the Plaintiff and notified the Plaintiff of the transfer of the above claim on February 3, 2015.

C. When C delays paying the principal and interest of loan, the Industrial Bank of Korea terminated each loan agreement with C, and applied for auction of real estate in Suwon District Court D with respect to the secured real estate. Under the above voluntary auction procedure (hereinafter “instant voluntary auction procedure”), E.S. received dividends of KRW 7,43,127,213 on December 27, 2012, and appropriated dividends of KRW 7,443,127,213 for part of the principal and interest of loan.

Since then, the Seoul Central District Court 2013Gahap50898 filed a lawsuit claiming the acquisition amount of the loan amount of KRW 1,200,000 out of the principal and interest of the loan amount of KRW 1,200,000,000 among the loan amount of the loan and delayed payment damages, and the judgment was rendered on June 20, 2013, and the judgment became final and conclusive on July 9, 2013.

E. The Defendant, as his wife’s husband and wife, received the bid price of KRW 371,650,000 in the Seoul Northern District Court E’s auction procedure for the real estate owned by B (hereinafter “instant real estate”) and awarded the bid on March 16, 2012.

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