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(영문) 서울중앙지방법원 2016.09.29 2016가합513383

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 25, 2011, the Defendant rendered a judgment of the first instance court of the instant lawsuit and the provisional payment of the E.S. Shipping Co., Ltd. 1) The Plaintiff and Busan Asset Management Co., Ltd. (hereinafter “Osan Asset Management”) with the Seoul Central District Court 201Gahap28552 on March 25, 2011.

) KSN Co., Ltd. (hereinafter “SKN”)

2) The Plaintiff filed a lawsuit claiming damages on the basis of tort, etc. (hereinafter “instant prior lawsuit”).

(2) On September 14, 2012, the above court rendered a declaration of provisional execution on September 14, 2012 that “SK Shipping shall pay to the Defendant 8,243,61,794 won and the interest thereon at the rate of 5% per annum from May 29, 2012 to September 14, 2012, and at the rate of 20% per annum from the next day to the date of full payment. The Defendant’s remaining claims and expenses for asset management, and each claim against the Plaintiff is dismissed.” (ii) On September 14, 2012, SK Shipping declared that the Defendant paid the above judgment at the rate of 8,243,61,794 won and damages for delay calculated at the rate of 5% per annum from May 29, 2012 to September 14, 2012 (i.e., KRW 1,248,396,375,3945,39636,475

B. The appellate judgment of the instant lawsuit and the provisional payment of the Plaintiff and U.S. Asset Management 1) on the first instance judgment of the instant prior lawsuit, respectively, appealed by the Defendant and U.S. Shipping as Seoul High Court 2012Na82321, and on June 19, 2014, the judgment of the first instance is modified as follows. The Defendant is jointly and severally liable for the operation of mountain assets and the Plaintiff, and E.S. Asset Management and the Defendant was jointly and severally liable for the payment of the amounts of KRW 8,946,103,942, and the amount of KRW 5% per annum from June 15, 2013 to June 19, 2014, and the amount of KRW 20% per annum from the next day to the date of full payment.2) Accordingly, the Plaintiff and U.S. Asset Management were sentenced to a provisional execution declaration of the amount to be paid to the Defendant on June 19, 2014.