부당이득금
1. The Defendant shall pay to the Plaintiff KRW 85,120,618 and the interest rate of KRW 15% per annum from August 27, 2016 to the date of full payment.
1. Basic facts
A. The plaintiff filed a lawsuit against B on June 27, 2003 against the claim for indemnity payment under the guarantee insurance contract, and on October 21, 2010, the Seoul Central District Court 2010dan309769 sentenced that "B shall pay to the plaintiff 30,265, and 174 won per annum from September 13, 2005 to September 21, 2010, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.
(hereinafter “the final judgment of this case”). (b)
On September 23, 2015, the Plaintiff, based on the instant final judgment, determined the amount claimed as KRW 89,406,640 (the amount pursuant to the instant final judgment, KRW 30,265,174, and damages for delay up to September 18, 2015, as the Daejeon District Court Decision 2015TTTT12917, as to the wage claim against the Abandoned Motor, as the Abandoned Motor Co., Ltd. (hereinafter referred to as “Abandoned Motor”), and received a seizure and collection order as to the payment claim against B.
C. Meanwhile, the Defendant, based on the authentic copy of notarial deed No. 2556, No. 2556, No. 2007, No. 2007, a joint law office (hereinafter “notarial deed”), set the debtor B, the garnishee as the car, and the claim amount as KRW 500,000,000, Daejeon District Court No. 2007TT 4880, Jun. 14, 2007, issued an order of seizure and assignment of the claim amount against the car.
By May 22, 2017, Abandoned Motor paid the Defendant totaling KRW 435,042,077 according to the assignment order under the above paragraph (c).
[Ground of Recognition: Facts without dispute, entry of Gap evidence 1-4, Gap evidence 1-2, Gap evidence 2-1, Eul evidence 2-1, Eul evidence 2-2, and the result of this court's order to submit documents against an infant automobile, the purport of the whole pleadings]
2. The party's assertion and judgment
A. The plaintiff's assertion (1) The plaintiff's assertion has a claim against B based on the final judgment of this case.
B A shall avoid a compulsory execution with respect to the benefit claim against an infant.