부당이득금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
1. Basic facts
A. On October 10, 2012, the Defendant filed a lawsuit against A to claim the price of goods (In Incheon District Court 2012Dadan81837), and rendered a favorable judgment on March 8, 2013, that “A shall pay the Defendant KRW 59,041,03 and its delay damages,” and the said judgment became final and conclusive around that time.
B. On May 1, 2013, the Defendant received a claim attachment and collection order (In Incheon District Court 2013TTTT 2013TT 14367) against the Plaintiff of KRW 15,674,181 against the Plaintiff as the obligor and the Plaintiff as the garnishee, and the Defendant reached the Plaintiff on May 15, 2013.
C. On August 23, 2013, based on the above collection order, the Defendant applied for a payment order (Sacheon District Court 2013 tea 10133) claiming the payment of the above collection amount against the Plaintiff.
On September 9, 2013, the foregoing court issued an order for payment (hereinafter “instant order for payment”) stating that “the Plaintiff would pay KRW 15,674,181 to the Defendant and delay damages therefrom,” and the said order for payment was served on the Plaintiff on September 13, 2013, and became final and conclusive on September 28, 2013.
The Defendant received a seizure and collection order (Seoul District Court 2013TTT 2013TT 310, hereinafter “the instant collection order”) based on the instant payment order, and submitted a report on collection that on October 21, 2013, the Defendant collected the Plaintiff as the debtor to the above court on October 22, 2013 and the Industrial Bank of Korea as the third debtor (15,674,181, 377,100, 240,480, 2480, 2480, 2000, which was due to the payment order).
E. On October 22, 2013, the Plaintiff filed a lawsuit of demurrer to the effect that “the Defendant’s Plaintiff shall not be subject to compulsory execution based on the original copy of the payment order for collection claim against the Incheon District Court Decision 2013 tea10133 against the Plaintiff” (Seoul District Court Decision 2013Kadan231813; hereinafter “instant lawsuit of demurrer”), but the said lawsuit was filed on January 9, 2014 when the execution during the said lawsuit was completed and the interest to maintain the said lawsuit was lost.