부당이득금반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Korea Deposit Insurance Corporation in bankruptcy of C, a bankrupt, filed a lawsuit against D, etc. against D, etc. against the claim for loans, etc. by the Incheon District Court 2003Kadan1716, and the Plaintiff succeeded to the above bankruptcy trustee. While the lawsuit is pending, the above court rendered a judgment that “D shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from January 3, 2003 to the date of full payment (hereinafter “related judgment”) with respect to KRW 466,548,036 and KRW 150,448,392, and the above judgment became final and conclusive later.
Based on the relevant judgment on March 26, 2010, the Plaintiff was issued a collection order (hereinafter “first collection order”) with respect to the obligor D’s third obligor E company’s benefit claim, etc., as Seoul Southern District Court 2010TT 5734.
On March 17, 2011, at the request of the Defendant and D, a notary public drafted a notarial deed of a monetary loan agreement of KRW 1,286,348,00 (hereinafter referred to as the “notarial deed of this case”) with an executory capacity of KRW 1,286,348,00,00, as an executory law office No. 1321, 201.
On March 30, 2011, the Defendant, based on the instant notarial deed, issued a collection order (hereinafter “second collection order”) regarding the obligor D’s third obligor E, as Seoul Southern District Court Decision 2011TTTT 8377, regarding the obligor’s benefit claim, etc.
From August 18, 2011 to October 27, 2017, the Plaintiff, based on the first collection order, received the amount to be actually distributed based on the second collection order, according to the ratio of the amount to be actually distributed to the Plaintiff and the Defendant’s respective claims amount, and the Defendant received the dividends in proportion to approximately KRW 34.6%, and approximately KRW 65.3%, respectively. The amount collected by the Defendant in each of the said distribution procedures is the total of KRW 18,514,457.
[Ground of recognition] Unsatisfy, Gap 1 to 3 evidence numbers are each numbers.