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(영문) 서울중앙지방법원 2017.03.23 2016가합532544

부당이득금

Text

1. The Defendant’s KRW 273,00,000 as well as 5% per annum from October 26, 2010 to March 23, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, the Defendant, C, D, and E are all children of the network F (Death on October 31, 2010), and G are the Plaintiff’s wife, and H are the husband of C.

B. F filed a lawsuit against the Plaintiff and G as Suwon District Court 2007Gahap13711 seeking joint and several payment of KRW 676,924,348 and damages for delay thereof, and on April 15, 2008 in the course of the said lawsuit, “Plaintiff and G shall jointly and severally pay KRW 676,000,000 to F, until July 31, 2008, and if the payment is not made by the said payment date, the adjustment was established that “in addition to the damages for delay calculated at the rate of 10% per annum.”

(hereinafter referred to as “instant adjustment claim”) against the Plaintiff and G.

On June 1, 2008, the Plaintiff remitted KRW 676 million to the Defendant. D.

On the other hand, June 11, 2008, F sent a notice of assignment of claims in F’s name (hereinafter “instant notice”) to the Defendant by content-certified mail. The instant notice was written in F and the Defendant’s name, stating that “F shall transfer its claim for the instant adjustment payment to the Defendant,” and was accompanied by the bond transfer and takeover contract (hereinafter “instant contract”) with the fixed date as of June 10, 2008.

E. However, H, a creditor of F, filed a lawsuit against the Plaintiff and G in subrogation against the Plaintiff and G by Suwon District Court 2008Gahap22323, which claimed that the Plaintiff and G jointly and severally pay KRW 400 million out of the instant adjustment payment obligation, and that the Plaintiff and G asserted that, based on the instant notice and the instant contract, F’s claim for the instant adjustment payment was transferred to the Defendant, H’s subrogation claim cannot be complied with.

On July 21, 2009, the above court did not have F’s signature and seal or seal on the instant notice and the instant contract, and on June 1, 2008, prior to the delivery of the instant notice by the Plaintiff.