부당이득금
1. The judgment of the court of first instance is modified following the amendment of the claim in the trial. A.
The defendant shall make the plaintiff 15,324.
1. Basic facts
A. On November 30, 2010, the Plaintiff again acquired the loan claim of KRW 7,643,172,271 (based on the balance of principal on October 6, 2010) against B Co., Ltd. (hereinafter “B”) that the said Co., Ltd. acquired from the National Bank Co., Ltd. (hereinafter “B”) on November 4, 2010, and the National Bank notified on December 2, 2010.
B. In the Seoul Central District Court E, G, and H (Dual) auction procedure (hereinafter “instant auction procedure”) with respect to real estate owned by B, C demanded a distribution of KRW 159,89,896,470 in total for the last three years as stated in the attached Table, as a party who was appointed 21 workers, as a party to the instant auction procedure on September 2, 2010. On November 16, 2011, C received a dividend of KRW 56,371,984 in total as 11 retirement allowances from the date of open distribution.
C. In the instant auction procedure, the Plaintiff reported the claim amount of KRW 10,209,93,485 (i.e., the principal amount of KRW 7,643,172,271, the interest of KRW 2,566,821,214) within the maximum of KRW 12.6 billion as the assignee of the National Bank of Korea, Co., Ltd., Ltd., the Plaintiff received only dividends of KRW 7,295,476,195 in the order of 3rd priority.
On the other hand, as of March 10, 2010, the Defendant agreed that the entire community bus, urban bus, and bus transport business rights under B were transferred (hereinafter “the instant transfer of business”), and that “the Defendant succeeded to the employment of workers working in B as of April 1, 2010, paid unpaid wages, etc. to the workers succeeded to employment, and pay them including the retirement allowances in B’s service period, to the retired workers after the succession of employment.”
(hereinafter “this case’s labor-management agreement”). 【No dispute exists with the basis of recognition, Party A’s evidence 1-2, Party A’s evidence 2-1, 7-7, Party A’s evidence 6-3, Party B’s evidence 7, and the purport of the whole pleadings.
2. The parties' assertion
A. At the instant auction procedure of the Plaintiff, C demanded a distribution as a selected party.