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(영문) 청주지방법원 2021.01.13 2019가합13206

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased F (hereinafter “the deceased”) died on August 25, 2020 during the instant lawsuit, and the Defendants are the inheritors of the deceased.

B. On January 10, 2007, G prepared a loan certificate stating that it borrowed KRW 190,400,000 from the deceased (hereinafter “the loan certificate of this case”) from the deceased (hereinafter “the loan contract of this case”). G and the deceased on the same day at the notary public H office, “G shall be liable to the deceased for 190,400,000 won as stated in the loan certificate of this case, and shall be paid in cash on January 10, 2008, and the interest of KRW 24% per annum shall be paid on the 10th of each month to the deceased.

G failed to perform the monetary obligation under this contract, the deceased did not have any objection even if he was immediately subject to compulsory execution.

No. 75 of the No. 2007, which entrusted the preparation of a fair deed to the effect that “the fair deed of this case” was drawn up a fair contract for debt repayment (non-consumption lending) (hereinafter “the fair deed of this case”).

(c)

On February 16, 2011, the Deceased received an order of seizure and assignment of the instant claim (hereinafter “order of seizure and assignment of the instant claim”) against the money of KRW 328,206,027 among the salaries and bonus claims he/she owns against the Cheongju District Court 201, Cheongju District Court 201, G as 1501, and G as 1501, and G as 328,206,027, from among the salaries and bonus claims he/she owns against the I Association (hereinafter “instant order of seizure and assignment”). The instant order of seizure and assignment was served on G and I Association around that time.

(d)

On July 5, 2012, the Plaintiff filed an application with the Seoul Central District Court for a payment order claiming payment of KRW 280,280,333 of the acquisition amount to the Plaintiff jointly and severally with J and K as Seoul Central District Court No. 2012 tea 48573, and delayed damages to the Plaintiff. The said court issued a payment order citing this order and became final and conclusive August 14, 2012.

E. On October 23, 2018, the Plaintiff based on the payment order finalized for G on October 23, 2018, G as Cheongju District Court 2018 and 7657.