부당이득금
1. The Defendant’s KRW 25,352,474 as well as the Plaintiff’s annual rate from December 4, 2015 to August 23, 2016.
1. Determination as to the cause of the claim (Provided, That the obligee is the Plaintiff, the obligor is the Defendant) is liable to pay to the Plaintiff damages for delay calculated at the rate of 25,352,474 won collected by the Defendant according to a provisional execution sentence, and 5% per annum as prescribed by the Civil Act, from December 4, 2015 to August 23, 2016, when the duplicate of the complaint of this case was served on the Defendant, and 15% per annum as prescribed by the Act on Special Cases concerning the Litigation, etc., from the next day to the day of full payment, to the day of full payment.
2. On the part of the defendant's assertion, the defendant asserted that since the plaintiff deposited KRW 26,19,871 for the cancellation of execution of provisional seizure against real estate by Seoul Central District Court 2016Kadan8046 on the defendant's real estate, the plaintiff cannot respond to the plaintiff's claim. However, the deposit money deposited by the defendant does not guarantee the creditor's damage due to the suspension or cancellation of execution of provisional seizure, but is substituted for the purpose property of provisional seizure (see, e.g., Supreme Court Order 96Ma162, Oct. 1, 1996). Thus, the creditor has no right to preferential payment. Thus, the defendant cannot oppose the plaintiff's claim merely because the defendant deposited the deposit money for the cancellation of execution of provisional seizure against real estate. Thus, the above argument by
3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.