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(영문) 서울중앙지방법원 2019.10.16 2018가단5192832

청구이의

Text

1. It is by an executory exemplification of a judgment in Seoul Central District Court 2015dan516493 (No. 516493).

Reasons

1. Facts of recognition;

A. The defendant has a claim against the plaintiffs for the price of goods based on the judgment of this case.

The plaintiffs shall jointly and severally pay to the defendant 96,29,006 won and 20% interest per annum from May 12, 2015 to the day of full payment.

B. The Defendant filed an application for a compulsory auction (FF) of real estate on the real estate owned by E, a joint and several surety of the above bonds, and received KRW 33,119,766 from the date of distribution on June 23, 2016.

C. However, on August 2, 2017, E filed a lawsuit claiming compensation for damages and a claim for return of unjust enrichment (Seoul Central District Court Decision 2016Da526135, 2017Na5083) against the Defendant, asserting that he/she received dividends without withdrawing an auction, even though he/she paid the total of KRW 55,00,00 from October 30 to April 4, 2016 for the withdrawal of the said auction case.

As a result of the above lawsuit, if the Plaintiff Company A or E appropriated the above auction dividends of KRW 5,00,000 paid and the above auction dividends of KRW 26,810,665 as follows, the Defendant was paid dividends exceeding KRW 26,810,665, and thus, the Defendant was sentenced to return the said dividends. Accordingly, the Defendant returned KRW 26,810,665 to E on June 28, 2018.

Serial 203. 201: 205. 205. 201: 205. 205. 205. 205. 205. 205. 365. 2065. 205. 205. 205. 205. 365. 205. 205. 2065. 205. 365. 205. 205. 365. 205. 205. 365. 205. 205. 12-15. 8671, 867. 100, 204- 134, 239- 45. 24, 247. 14. 15.