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(영문) 춘천지방법원영월지원태백시법원 2016.06.09 2015가단708

청구이의

Text

1. The defendant's defendant's monthly branch court in Chuncheon District Court Decision 2013Gaso685 and the same court.

Reasons

1. Basic facts

A. On December 30, 2008, the Plaintiff leased KRW 10,000,00 to the Defendant as of December 30, 2009, and then the Defendant did not repay it. The Plaintiff filed a payment order against the Defendant (Seoul District Court Decision 201j264, hereinafter “instant payment order”) and the said payment order was finalized on September 6, 201.

B. On September 16, 201, upon the instant payment order, the Plaintiff collected KRW 5,726,020 in total from December 30, 201 to May 30, 2012 after receiving the claim seizure and collection order under Youngcheon District Court’s Yeongdeungpo Branch Branch 201TTT 201T 2040.

C. Meanwhile, on December 2, 2011, the Defendant filed an application for individual rehabilitation with the Chuncheon District Court No. 2011 16613, Dec. 5, 201, the said court rendered a decision to suspend the compulsory execution procedure of the case of the seizure and collection order until the decision on the application for commencement of individual rehabilitation procedure is made, and the said decision was served on the Defendant on December 7, 201.

The defendant filed a lawsuit against the plaintiff to return the amount collected in violation of the above suspension order as unjust enrichment (Yancheon District Court Decision 2013Da3835, hereinafter "the judgment of this case") and decided that "the plaintiff shall pay to the defendant 5,726,020 won and 20% interest per annum from March 29, 2013 to the day of complete payment." The above judgment was finalized through the appellate court (Yancheon District Court 2013Na3839).

On August 4, 2014, the Defendant filed an application for the determination of the amount of litigation costs regarding the instant judgment and confirmed that “the amount of litigation costs to be borne by the Plaintiff is KRW 1,489,510” (Article 2014Kao-1, hereinafter “instant decision”) was determined on August 15, 2014, and the said decision became final and conclusive on August 15, 2014.

E. On July 25, 2012, the Defendant filed an individual rehabilitation application case No. 2011, 2011, 16613 of the said Chuncheon District Court.