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(영문) 서울중앙지방법원 2016.08.18 2015가단5393474

청구이의

Text

1. The defendant's decision is based on the Seoul Central District Court's decision on the amount of litigation costs 2014Kao-52048.

Reasons

1. Basic facts

A. The Plaintiffs filed a lawsuit against C, etc. on the claim for collection amount as Seoul Central District Court 2014Gahap559262, and the Defendant participated in the lawsuit on behalf of C, etc.

On November 11, 2014, the above court rendered a ruling of recommending reconciliation that “the plaintiffs withdraw the instant lawsuit and the costs of lawsuit, including the part resulting from the participation in the subsidization, shall be borne by the plaintiffs” and confirmed as it is.

B. Based on the above decision of the Reconciliation recommendation, the Defendant filed an application with the Seoul Central District Court 2014Kao-52048 for the determination of the litigation cost against the Plaintiffs.

On June 2, 2015, the above court rendered a final decision on the amount of litigation costs (hereinafter “final decision on the amount of litigation costs of this case”) stating that “The amount of litigation costs to be repaid by the Plaintiffs to the Defendant according to the decision on the settlement recommendation of collection amount in Seoul Central District Court 2014 Gohap59262 between the above parties shall be determined as KRW 5,155,150, respectively.”

The plaintiffs appealed against this, (Seoul High Court 2015Ra20582), which was dismissed on August 20, 2015, and the final decision on the amount of the lawsuit costs of this case was finalized on September 23, 2015.

C. Based on the determination of the determination of the amount of litigation costs in the instant case, the Defendant received the determination of each of the claims seizure and collection order, based on the following: (a) the obligor, the garnishee, the Bank of Korea (Seoul Central District Court 2015TT 106484) and the National Bank of Korea (Seoul Central District Court 2015TT 105473).

On the other hand, on November 6, 2014, the Plaintiffs filed a lawsuit claiming unjust enrichment with the Seoul Central District Court 2014Gahap581399 against the Defendant.

On October 8, 2015, the above court rendered a judgment that "the defendant shall pay to the plaintiff A 120,000,000 won, 182,50,000 won to the plaintiff B, and 182,50,000 won to the plaintiff B, with 5% per annum from November 13, 2014 to October 8, 2015, and 20% per annum from the next day to the date of full payment."

hereinafter referred to as "the case."