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(영문) 수원지방법원 2017.09.13 2017가단4252

부당이득금

Text

1. The Defendant: KRW 34,084,165 for the Plaintiff and KRW 5% per annum from February 17, 2017 to September 13, 2017; and

Reasons

1. Basic facts

A. On May 15, 2014, the Defendant received a decision on provisional seizure of claims (Seoul Central District Court 2014Kadan803635) regarding claims, such as the Plaintiff’s wage and bonus, based on the claim amounting to KRW 111,646,225 against the Plaintiff.

(hereinafter “instant provisional seizure”). (b)

On August 13, 2014, the Plaintiff filed an application for commencement of individual rehabilitation procedures with Suwon District Court 2014Da115927, and on August 20, 2014, the said court rendered a ruling that “Until a decision is rendered on the Plaintiff’s application for commencement of individual rehabilitation procedures, the Plaintiff’s compulsory execution, provisional seizure, or provisional disposition against corporeal movables owned by the Plaintiff and the Plaintiff’s monthly pay, allowance, bonus, and other nominal pay and retirement allowance to be paid by the employer, and ② all acts of receiving or demanding repayment of individual rehabilitation claims (excluding procedural acts)” (hereinafter “instant injunction”). On August 26, 2014, the Defendant received the aforementioned ruling on August 26, 2014.

C. After December 29, 2014, the above court rendered a decision to dismiss the Plaintiff’s application for commencement of individual rehabilitation procedure, and the Plaintiff appealed against the above decision and filed an immediate appeal on January 9, 2015. On February 9, 2015, the above court rendered a decision to revoke the said decision with the device of re-do. The above decision of revocation was served on the Plaintiff and the creditors including the Defendant on February 25, 2015.

On the other hand, on January 19, 2015, the Defendant received a collection order (Seoul Central District Court 2015TTTT1253) (hereinafter “instant seizure and collection order”) with respect to the Plaintiff’s claims, such as 127,523,639, such as the loan, etc., as the claim amounting to KRW 127,523,639 against the Plaintiff, from the transfer and seizure as the principal seizure of the instant provisional seizure, and the collection order (Seoul Central District Court 2015TTT1253), and Gyeonggi-do, a third debtor, on February 2, 20