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(영문) 수원지방법원성남지원 2017.11.22 2017가단204741
부당이득반환
Text

1. The plaintiff's primary claim among the lawsuit of this case is dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. On November 12, 2010, C Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit guarantee agreement (hereinafter “the credit guarantee agreement”) between the Plaintiff and the Plaintiff, which is the 120,000,000 won guaranteed amount and November 11, 201 of the term of guarantee (the term of guarantee was extended on May 11, 201) with respect to the principal and interest of loan to be borne by the Industrial Bank of Korea by the Nonparty Company. On the same day, B, the representative director of the Nonparty Company, jointly and severally guaranteed the liability for indemnity to be borne by the Plaintiff pursuant to the credit guarantee agreement in this case.

B. Nonparty Company received a loan of KRW 150,000,000 from the Industrial Bank of Korea using the instant credit guarantee certificate issued by the Plaintiff.

C. However, on January 12, 2012, the non-party company lost the benefit of time due to overdue interest, etc., and the plaintiff has lost the benefit of time pursuant to the credit guarantee agreement of this case.

4.2. The Bank subrogated the principal amount of KRW 123,034,839 (=the principal amount of KRW 120,000,000 or delay damages amount of KRW 3,034,839).

On October 25, 2012, the Plaintiff filed a lawsuit against Nonparty Company B seeking the payment of the amount of indemnity with respect to KRW 123,187,59 and KRW 123,034,839 among them, jointly and severally with the Plaintiff, was sentenced to a favorable judgment of the Plaintiff that “The Plaintiff shall pay 15% per annum from April 2, 2012 to September 7, 2012, and 20% per annum from the next day to the date of full payment,” and the judgment in favor of the Plaintiff was finalized on November 20 of the same year.

(Seoul Central District Court 2012dan509694). e.

Then, the remainder of the Plaintiff’s subrogated payment is KRW 89,535,930 as of February 13, 2017 (hereinafter “instant subrogated payment”).

F. Meanwhile, the Defendant, the wife of B, purchased from D on April 7, 2015, the 575,000,000 won of the E Apartment Nos. 204, 902 (hereinafter “instant apartment”) in Sungnam-si, Sungnam-si (hereinafter “instant apartment”).

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