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(영문) 수원지방법원여주지원 2015.04.02 2014가단10863

부당이득금반환

Text

1. The Defendant’s KRW 29,239,468 as well as the Plaintiff’s annual rate from December 21, 201 to December 4, 2014.

Reasons

1. Basic facts

A. On April 21, 2010, the Defendant filed a lawsuit against the Plaintiff as Seoul Central District Court 2010Gahap39883, and on September 29, 2011, the said court rendered a judgment with a provisional execution declaration (hereinafter “the judgment of the court of first instance”). On September 29, 2011, the Plaintiff and the Defendant appealed against the judgment of the court of first instance and continued the appeal as Seoul High Court 201Na9247.

(A) The Plaintiff filed a counterclaim with Seoul High Court (Seoul High Court 2012Na92328). The Plaintiff paid to the Defendant the amount of KRW 1,965,414,930 and KRW 1,962,06,683 among them, the amount of KRW 3,348,247 per annum from January 1, 2002 to September 29, 201, and the amount of KRW 20 per annum from the next day to the day of full payment.

B. (1) After that, in order to collect the claim for the judgment of the court of first instance of this case, the Defendant applied for a seizure and collection order against the Plaintiff’s bank, Hyundai Card Co., Ltd., Hyundai Card Co., Ltd., Ltd., Ltd., KBN, NF card Co., Ltd., Ltd., Samsung Card Co., Ltd., Ltd., Samsung Card Co., Ltd., Samsung Card Co., Ltd., and New Card Co., Ltd., Ltd., Ltd. (hereinafter “third party debtor company”), based on the original copy of the judgment of the court of first instance of this case, for the seizure and collection order (hereinafter “instant seizure and collection order”), and around October 18, 201, the above court issued the seizure and collection order of this case to the third party debtor company of this case, respectively, at that time.

The Defendant collected the claim from the third debtor company of this case based on the seizure and collection order of this case as follows.

On October 27, 2011, the third debtor amount (won) of 18,254,964, Hyundai Card Co., Ltd. on December 14, 201, 38,5603, 38,5603 December 14, 201, 15, December 15, 201, 18 non-national card Co., Ltd. 1, 213,981