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(영문) 대전고등법원 2019.11.28 2019나13979

부당이득금

Text

1. Revocation of a judgment of the first instance;

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s seizure and collection order 1) The Bankrupt C Association (hereinafter “C”)

(1) The trustee in bankruptcy (hereinafter “trustee in bankruptcy”) of the Korea Deposit Insurance Corporation

(2) On December 3, 2001, the former District Court rendered a lawsuit against D on December 3, 2001, which stated that “D shall pay 260,000,000 won with loans jointly and severally with E and severally with D, and 12% interest per annum from August 30, 200 to the date of full payment (Seoul District Court Branch Branch Decision 2001Da4102),” and obtained a favorable judgment from the above court on January 31, 202, and the above judgment became final and conclusive on February 24, 202, the bankruptcy trustee filed the lawsuit and filed an application for provisional seizure against D with the Southern District Court Branch Branch of Jeonju District Court for the above loan claims against D as the principal salary, allowances, bonuses, etc. regularly received from the third obligor G (hereinafter “G”).

(Haju District Court 2002Kadan143). Jeonju District Court 2002 Kadan1143 decided a provisional attachment citing an application by a trustee in bankruptcy on August 6, 2002, and the above decision was delivered to G on August 8, 2002.

3) The Plaintiff (former Mutual Company H, Inc., Ltd., and hereinafter “Plaintiff”) is deemed to be the Plaintiff.

(4) On March 10, 2004, the Plaintiff acquired the claim against the above D from the trustee in bankruptcy, notified D of the assignment of the claim to D on May 19, 2008, and reached D at that time the notification was reached. 4) On June 29, 2009, the Plaintiff applied for the attachment and collection order of the claim to transfer the above provisional attachment to the branch court of the Jeonju District Court for the provisional attachment.

(B) On July 9, 2009, the Seoul District Court rendered a decision citing the Plaintiff’s application (hereinafter “Plaintiff’s claim seizure and collection order”) on July 13, 2009. The above decision was served on G on July 13, 2009.

B. I’s seizure and collection order of the instant claim 1) The I Company J (hereinafter “J”)

The status of the representative of the claim group shall be September 2003.