부당이득반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the part of the judgment of the court of first instance, with the exception that the Plaintiff added to the judgment on the argument as set forth in Paragraph 2 below, which was repeatedly emphasized or newly asserted by the court of first instance, and that the Plaintiff received “(Sacheon District Court Branch Branch Branch Branch of the Incheon District Court 2016 Other Branch of the High Court 2016 Other Branch of the High Court 34850).” The second deposit received “(Sacheon Branch of the High Court 2016 Other Branch 38,776,556 won as a substitute claim for the return of deposited goods, which was distributed to C in the distribution procedure,” and thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Plaintiff’s assertion ① The Plaintiff was sentenced to the judgment that “150,000,000 won and 20% interest per annum from July 18, 2014 to the date of full payment” by filing a collection lawsuit against the Defendant, but did not receive KRW 157,032,256, among which the judgment was rendered, and thus, the Defendant, the directly debtor of the Plaintiff based on the above judgment, is obligated to repay to the Plaintiff.
② The Defendant additionally deposited (the second deposit) damages for delay due to the Plaintiff’s decision on the collection lawsuit, which is the claim for the principal and interest based on the decision on the collection deposit between the Plaintiff and the Defendant, and thus the Plaintiff should receive the full amount of the principal and interest.
B. 1) Determination 1) The garnishee of the seized claim as to the above argument (1) may assert the effect of extinguishment of the obligation by depositing the claim in a deposit for execution (Article 248(1) of the Civil Execution Act). In the event that the effect of the deposit for execution is not recognized because the garnishee of the seizure and collection order failed to deposit the full amount of the obligation, even if the validity of the deposit for execution is not recognized due to the failure to deposit the entire amount of the obligation, if the distribution procedure has been completed after the deposit was accepted, the repayment of the deposited amount shall be effective (see Supreme Court Decision 10, Nov. 10, 2