부당이득금
1. The defendant against the plaintiff A corporation 269,205,274 won, and the plaintiff B corporation 92,798,738 won and each of the above money.
1. Facts of recognition;
A. The Defendant filed a lawsuit against the Plaintiffs regarding the claim for retirement allowance under the Jeonju District Court’s Military Branch Branch No. 2017Ga10840, Oct. 18, 2018 (hereinafter “B”), and the said court rendered a judgment of the first instance court that: (a) the Plaintiff Company B (hereinafter “B”) paid the amount calculated at the rate of 76,453,130 won per annum from April 1, 2014 to October 18, 2018; and (b) the amount calculated at the rate of 5% per annum from the next day to the date of full payment; and (c) the amount calculated at the rate of 15% per annum from the next day to October 18, 2018 to the date of full payment; and (d) the amount calculated at the rate of 5% per annum from May 20, 2014 to October 18, 2018 to the date of full payment (hereinafter “A”).
B. On October 26, 2018, the Plaintiffs appealed against the Plaintiffs in the judgment of the first instance court of this case, and paid the Defendant money pursuant to the judgment of the first instance court of this case to be exempted from compulsory execution based on the judgment of the first instance court of this case as follows.
Plaintiff A paid on the date and time of payment by the parties (hereinafter “Plaintiff”) on October 26, 2018, KRW 210,681,385, KRW 50,945,969 on October 26, 2018, KRW 7,577,920 on October 26, 2018, KRW 269,205,274 on October 27, 2018, Plaintiff B, 75,196, KRW 319, KRW 17,602, KRW 419, KRW 92,798,738 on October 26, 2018
C. On September 26, 2019, the appellate court (Seoul High Court 2018Na11959) accepted the Plaintiffs’ appeal on September 26, 2019, and revoked the part against the Plaintiffs among the judgment of the first instance court of this case, and rendered a judgment that the Defendant’s claim for the cancellation portion is dismissed (hereinafter “instant appellate court judgment”), and only the Defendant appealed, and the appellate court (Supreme Court 2019Da275915) is pending at the time of closing the pleadings of this case.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings
2. The enforcement based on the judgment of the provisional execution sentence on the cause of the claim is not final and conclusive.