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(영문) 대전지방법원 2019.08.22 2017가합103218

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 140,117,320 and the interest rate of KRW 15% per annum from June 14, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Korea Deposit Insurance Corporation (hereinafter “Bankruptcy Corporation”) filed a lawsuit against D on December 3, 2001 that “the amount of 260,000,000,000 won loans jointly and severally with E and severally with E and F and the amount calculated by the rate of 12% per annum from August 30, 200 to the date of full payment” (the Jeonju District Court Branch Branch Decision 2001No. 4102) against D was awarded a favorable judgment on January 31, 202, and the above judgment became final and conclusive.

B. After filing the above lawsuit, the trustee in bankruptcy was determined to provisionally seize D’s claims, such as wages, etc. against the garnishee G of the third educational foundation G (hereinafter “G”) (Seoul District Court Decision 2002Kadan1143).

C. On March 10, 2004, the Plaintiff (hereinafter “Plaintiff”) acquired the claim against the foregoing D from C on March 10, 2004, and thereafter notified D of the assignment of the claim.

On June 29, 2009, the Plaintiff applied for the seizure and collection order (Seoul District Court Branch 2009TTTT 6925) to transfer the above provisional seizure to the original seizure, and received the seizure and collection order, and the above decision reached G on July 13, 2009.

E. Meanwhile, on September 16, 2003, I applied for the payment order against J, F, and D Co., Ltd. (Seoul District Court Decision 2003j2533). The above payment order was finalized around that time.

I, on December 5, 2003, based on the original copy of the above executory payment order, received a seizure and collection order (the Jeonju District Court Decision 2003TTTT 497, hereinafter referred to as "the seizure and collection order of this case") against D's benefit claim against D, and the written decision reached G around that time.

F. On February 10, 2006, the Defendant was appointed as the same day as I resigned from the representative of the J Credit Union Co., Ltd. on the same day. From January 1, 2007 to December 2, 2016, the Defendant totaled KRW 140,117,320 under the pretext of collection under the seizure and collection order of the instant claim from G.