beta
(영문) 서울중앙지방법원 2018.11.29 2018나46737

청구이의의 소

Text

1. Revocation of a judgment of the first instance;

2. The defendant's case against the plaintiff is the Seoul Central District Court 2012 tea18251.

Reasons

1. Basic facts

A. On March 30, 2012, the Defendant filed an application against the Plaintiff for a payment order seeking unjust enrichment with the Seoul Central District Court Decision 2012 tea18251, and the above court rendered a payment order with the purport that the Plaintiff shall pay to the Defendant 43,962,657 won and damages for delay calculated at the rate of 20% per annum from the day after the original copy of the instant payment order was served to the Defendant during the period from the day after the original copy of the instant payment order was served to the day of complete payment (hereinafter “instant payment order”). The above payment order was served on the Plaintiff’s resident registration address as of July 5, 2012, and became final and conclusive on July 20, 2012.

B. The reason for applying for the instant payment order was that the Plaintiff received certain fees in advance for the insurance contracts commissioned as the Defendant’s insurance solicitor, but part of the insurance contract was invalidated, cancelled, or terminated within the agreed period, and thus, the Plaintiff was obliged to refund the advance payment fee related to the insurance contract invalidated as above to the Defendant.

C. The Plaintiff filed an application for bankruptcy and exemption (hereinafter “application for bankruptcy and exemption”) with the Incheon District Court as of June 1, 2017 (hereinafter “instant immunity”) and the decision to grant immunity became final and conclusive on June 1, 2017. The list of creditors of the said bankruptcy and exemption case (hereinafter “instant list of creditors”) is as shown in the attached Form, and the Defendant’s claim based on the instant payment order was not included.

On August 29, 2017, the Defendant filed an application against the Plaintiff for entry in the defaulters’ list by the Incheon District Court 2017Kau3056, and the above court rendered a decision to enter the defaulters’ list in the defaulters’ list on August 29, 2017, and the above certified copy of the decision was served on the Plaintiff’s “Dong-man” on August 31, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, 6, Eul evidence 1 and 2 respectively.