beta
(영문) 수원지방법원안산지원 2017.06.09 2015가단117424

부당이득(가지급물) 반환

Text

1. The Defendant’s KRW 16,34,135 as well as 5% per annum from August 5, 2015 to June 9, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 22, 2013, the Defendant received a decision on provisional seizure of real estate amounting to KRW 845,350,000,00 as to the real estate listed in the separate sheet Nos. 1 and 2 attached to “Real Estate Indication” owned by Suwon District Court 2013Kadan5034, Jun. 22, 2013, as to the real estate listed in the separate sheet Nos. 1 and 45,350,000, owned by the Plaintiff

B. On February 27, 2013, the Plaintiff and the non-party company jointly deposited KRW 845,350,000 (hereinafter “instant deposit”) with the Suwon District Court Branch of Suwon District Court for the purpose of removing the said provisional seizure, and instead did not divide the deposit amount into the Plaintiff and the non-party company, and stated a single amount.

C. On May 1, 2014, the Defendant filed a lawsuit against the Plaintiff and Nonparty Company for the claim for construction payment under the Suwon District Court Ansan Branch 2012Ga21444 (hereinafter “the lawsuit in this case”). On May 1, 2014, the above court rendered a judgment that “the Plaintiff and Nonparty Company shall pay the Defendant, each of the Defendant, KRW 680,38,738, and the amount calculated at the rate of 7% per annum from October 29 to May 1, 2014, and 20% per annum from the following day to the day of full payment, and the Nonparty Company may pay KRW 71,850,000 per annum from the Plaintiff and at the same time pay KRW 71,850,00 per annum of the purchase of the insurance policy issued by the Seoul Guarantee Insurance Company or the Construction Mutual Aid Association, which may be provisionally executed.”

On May 20, 2014, upon the declaration of provisional execution of the judgment of the court of first instance, the Defendant issued a provisional seizure and collection order against the Plaintiff and the non-party company KRW 754,765,479 (the principal of the judgment is KRW 680,38,738,738 + interest KRW 74,76,741) from among the claims to recover the deposited goods of this case against the Republic of Korea as to the Plaintiff and the non-party company, and issued a collection order for the transfer of the deposited goods to the provisional seizure. On May 26, 2014, the Defendant paid KRW 754,765,479 out of the deposited goods of this case.

E. As to the judgment of the court of first instance as above.