부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of payment under paragraph (2) is revoked.
2.
1. Basic facts
A. On February 4, 2015, the Defendant filed a lawsuit against the Plaintiff for the claim for construction price under the Jung-gu District Court Goyang Branch 2014da23822, and received a judgment from the above court that “the Plaintiff shall pay the Defendant KRW 54,001,00 and the damages for delay calculated at 20% per annum from February 4, 2015 to the date of full payment,” and the said judgment became final and conclusive around that time.
B. On March 10, 2015, the Plaintiff agreed with the Defendant as follows:
[hereinafter] The Agreement (Evidence A No. 2) is referred to as the “Agreement.” The content of the Agreement was partially amended by the A/L and the A/L.) - The Parties agree to the construction cost as follows: case number 2014da23822.
If agreed matters are not implemented, the obligor shall pay 20% interest per annum on the daily amount of KRW 1,000,000,000,000, which is the judgment amount, until the day of full payment.
Agreed Amount: the date and amount to be paid in 35,000,000 won in daily gold (excluding 35,000,000 additional tax).
1. Primary - March 14, 2015: daily gold (10,000,000 won/additional taxes separately);
2. Secondary - April 30, 2015: daily gold 12,000,000 won (excluding penalty tax 12,00,000 won).
3. 3rd x - May 31, 2015: daily gold 13,000,000 won (excluding surtax 13,00,000 won/additional tax).
C. In accordance with the instant agreement, the Plaintiff: (a) on March 13, 2015, KRW 10 million (including value-added tax; hereinafter the same shall apply); and (b) on the same year, to the Defendant.
4. Although 30.13 million won was paid, 14.3 million won was not paid on May 31, 2015.
On June 8, 2015, the Defendant applied for a seizure and collection order as to the Plaintiff’s deposit claims against the Plaintiff’s National Bank of Korea on June 22, 2015, and issued a seizure and collection order as to the Plaintiff’s deposit claims (hereinafter “instant seizure and collection order”) according to the above ruling (hereinafter “instant order”) by the Seoul Eastern District Court Decision 2015TTT8012. < Amended by Act No. 20154, Jun. 18, 2002>