부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Grounds for the court's explanation concerning this case by the court of first instance concerning the judgment of the court of first instance
3. In addition to the dismissal of the judgment as follows, the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 4
2. The height part
3. Determination
A. In a case where an obligor disposes of a claim before the seizure of the related legal principles takes effect, even if there is a creditor who first attached the claim, which could not oppose the creditor, and even if there are circumstances that make it impossible to oppose the creditor, the effect of the disposition may be set up against the creditor participating in the execution after the disposition. Therefore, if the obligor satisfies the requirements for setting up against the assignment of claim by notification with a fixed date date, etc., even if another creditor of the obligor’s transfer of the claim subject to seizure or provisional seizure satisfies the requirements for setting up against the assignment of claim by the notification with a fixed date, the seizure or provisional seizure has no effect as it does not exist
(see, e.g., Supreme Court Decision 2010Da57213, Oct. 28, 2010). B.
Plaintiff
In full view of the following circumstances where evidence and evidence set forth in the aforementioned legal principles as seen earlier, evidence Nos. 7, and evidence Nos. 1 through 4, and the purport of the entire pleadings, it is difficult to view that the Defendant’s return of the deposit money from D based on the right to claim the return of the deposit for lease of this case transferred by C constitutes unjust enrichment, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's assertion is without merit without further review.
① On April 10, 2007, C borrowed KRW 90,000 from the Defendant and due date for repayment shall be 24 months from the date of borrowing, interest shall be 3% per month, and thereafter, 1% per month from the following month.