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(영문) 서울중앙지방법원 2015.04.29 2014가단5156265

부당이득반환

Text

1. The Defendant shall pay to the Plaintiff KRW 25,409,395 and interest rate of KRW 20% per annum from July 9, 2014 to the day of complete payment.

Reasons

1. Facts without dispute;

A. C issued to the Plaintiff a promissory note with a face value of KRW 340 million, issue date July 1, 2009, the date of payment November 12, 2009, the place of payment, and the place of issuance. On November 11, 2009, when delayed payment of the said promissory note, C drafted a notarial deed stating the purport of recognizing and recognizing that there is no objection even if compulsory execution is being conducted, (No. 1272).

B. The defendant, the father of C, alleged that C lent a total of KRW 40 million to C from April 24, 2001 to September 24, 2004, KRW 250 million, KRW 50 million on August 31, 2005, KRW 50 million on December 31, 2007, KRW 50 million on June 11, 2009, and KRW 40 million on June 11, 201. On September 2, 201, the defendant filed an application for a payment order for loans against C (Seoul Northern District Court Decision 201Hu6864, Sept. 14, 201, and received an order for payment of KRW 200,000 on September 14, 201, ordering payment of delayed payment from the day after the original copy was served.

The above payment order was finalized on October 5, 201, since C did not raise any objection.

C. On March 27, 2012, the Defendant, with the title to execute the original of the instant payment order as the title, received an order for the seizure and collection of claims regarding the payment of benefits, etc. to a school juristic person (the assignment order was served on the third debtor on March 29, 2012 and became final and conclusive on April 13, 2012). Meanwhile, on June 11, 2012, the Plaintiff, with the original of the instant payment order as the title to execute, received the order for seizure and collection of claims regarding the payment, etc. of benefits, etc. to a private teaching institute of the Gwangju District Court (the amount claimed, KRW 296,110,959) from the Seoul Northern District Court 201, Seoul Northern District Court 2012, the original of the instant payment order as the title of execution. D.

On August 29, 2013, pursuant to Article 248(1) of the Civil Execution Act, C’s payment of KRW 25,400,00 from September 2012 to August 2013, 2013 (Seoul Northern District Court 2013No. 2373) was deposited (Seoul Northern District Court 2013No. 2373). In the distribution procedure for the said deposit (Seoul Northern District Court D), the court of execution is the actual fact to the Defendant, who is the full right holder of October 30, 2013.