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(영문) 부산지방법원 2017.11.02 2017나3151

부당이득금반환

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff as Busan District Court 2016Kadan6251.

On March 31, 2016, the Busan District Court sentenced the Defendant to pay 9,271,252 won and 5% interest per annum from June 13, 2015 to March 31, 2016, and 15% per annum from the next day to the date of full payment. The above judgment became final and conclusive.

(hereinafter “the final judgment of this case”). (b)

On May 12, 2016, the Defendant issued a collection order as to the Plaintiff’s deposit claims against the Nonghyup Bank Co., Ltd., Ltd., a new bank, and Busan Bank (hereinafter “Usan Bank”), a new bank, and Busan Bank (hereinafter “Usan Bank”), with the title of execution of the final judgment in this case as of May 12, 2016, and received a decision to accept it on May 16, 2016.

(hereinafter “instant claim seizure and collection order”). C.

On September 9, 2016, the Defendant: (a) drafted a written agreement with the Plaintiff and Busan District Court Decision 2016Da6251, stating that “The Defendant shall receive KRW 6 million with the indemnity amount; (b) promised not to raise any civil or criminal litigation after the Plaintiff and the Defendant agreed to do so; and (c) signed and sealed this agreement as evidence of the following date.” (A evidence 3-1; hereinafter “instant agreement”) and received KRW 6 million from the Plaintiff on the same day.

On November 3, 2016, the defendant collected 3,707,126 won of the plaintiff's deposit claim against the Busan Bank (=437,364 won from the account number C passbook).

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted by the parties, on September 9, 2016, receives 6 million won out of the final judgment amount of this case from the Plaintiff and receives the remainder.