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(영문) 의정부지방법원 2015.08.20 2014가단32779

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 12,778,091 and the interest rate of KRW 20% per annum from December 5, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On September 10, 2012, the Plaintiff: (a) on January 29, 2010, issued a provisional seizure against the claim for the refund of the lease deposit against B as the preserved right; and (b) on the claim for the refund of the lease deposit against B (hereinafter “the lease deposit refund claim”); (c) on September 29, 2010, the Seoul Northern District Court issued a provisional seizure against B as the Seoul Northern District Court 2012Kadan5786.

B. C, as seen earlier, deposited KRW 15,30,000,000,000 from the Jung-gu District Court in September 17, 2012, on the ground that a provisional attachment was made against the claim to return the lease deposit.

C. On October 8, 2012, the Defendant prepared a notarial deed of monetary loan loan contract No. 500 of 20, 2012 (hereinafter “No. 500”) on the ground that “B was leased KRW 24 million per annum and due date as of October 15, 2012,” which includes “B’s “if B fails to perform the above loan obligation against the Defendant, it shall be immediately acknowledged that there is no objection even if compulsory execution is conducted,” and thereafter, drafted the notarial deed of this case as the title of execution, and subsequently received the collection order, which included the claim amount as KRW 10,000,000 as the district court of Jung-gu as of November 16, 2012, with the title of execution, the claim amount as KRW 20158,00,000,000,000,000 as the claim amount to be returned, and the claim to be seized and the collection order.

After all, the distribution procedure for the above deposit (hereinafter “instant distribution procedure”) was initiated, and on January 17, 2013, the distribution schedule was finalized with the purport that the Plaintiff, who is the person holding the provisional attachment right, distributes the amount of KRW 2,555,618, and KRW 12,78,091 to the Defendant, who is the person holding the right to collect, and the Defendant received the above dividends on the same day.

E. Meanwhile, with respect to B, the Plaintiff jointly and severally guaranteed the Plaintiff’s debt amounting to KRW 20,00,000 to the National Bank of Korea on September 19, 2006, and on September 24, 2012, the Plaintiff subrogated KRW 20,246,440 to the National Bank of Korea on behalf of B, thereby having the obligation to pay the said amount of indemnity to the Plaintiff.