부당이득금반환
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Basic facts
A. At the time of April 5, 2016, the Plaintiff had a deposit claim of KRW 8,986,717 as indicated below, including the deposit claim of KRW 8,824,425 against the Defendant (hereinafter “instant deposit claim”).
1 Defendant 8,824,425 won of deposit claims in the name of a financial institution 1,425 won of the deposit claims in the name of the financial institution 1,43,907 won 143,907 3 (State) Korea Czed Bank 8,344 won 4 " 719 won 5 (State), but the Bank 300 won of the Bank 300 won 6 Nong Bank 9,022 8,986,717 won
B. Meanwhile, at that time the Defendant had a loan claim of at least KRW 8,824,425 against the Plaintiff.
C. On the same day, the Defendant set off the total amount of the loan claim and the deposit claim of this case against the Plaintiff on an equal amount.
[Ground of recognition] The fact that there is no dispute, Gap1-1-2, and 2-1-3, the result of the order to submit financial transaction information to the Nonghyup Bank Co., Ltd. by the court of the trial, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion that the defendant set off the total amount of KRW 8,824,425 of the deposit claim of this case including up to KRW 1,50,00,00, which is necessary to maintain a livelihood for one month, which is prohibited from seizure. This cannot be asserted against the plaintiff as an offset in violation of Article 497 of the Civil Act which prohibits set-off against the claim prohibited from seizure.
Therefore, the above set-off portion on KRW 1,500,000 among the instant deposit claims is null and void, and the Plaintiff still has a deposit claim equivalent to the same amount that has not been set-off. Therefore, the Defendant is liable to pay the Plaintiff deposit KRW 1,500,000 and damages for delay.
B. According to Article 246(1)8 of the Civil Execution Act and the main text of Article 7 of the Enforcement Decree of the same Act, the scope of the amount of deposits, etc. which cannot be seized is deposits, etc. whose balance per person does not exceed KRW 1,500,000, and this means the total amount of all the deposit claims of financial institutions owned by the execution debtor.