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(영문) 서울중앙지방법원 2015.01.20 2014나1071

부당이득금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2. The defendant.

Reasons

1. Basic facts

A. A. Around August 16, 2002, the Plaintiff entered into a small loan guarantee insurance contract with B to guarantee B’s obligations for loans to the Kant Life Insurance Co., Ltd., and on September 20, 202, the Plaintiff paid it on January 10, 2003 as the obligation for the above loan was overdue from September 20, 2002, and filed a lawsuit against B on August 12, 2003 by filing a claim for reimbursement with the Seoul District Court Decision 2003Gada1684322, and on August 12, 2003, “B shall pay to the Plaintiff the amount calculated at the rate of 19% per annum from March 12, 2003 to the date of full payment.” The above judgment became final and conclusive on September 5, 2003.

B. On December 14, 2012, the Plaintiff: (a) made the original copy of the said final judgment as executive title and as Seoul East Eastern District Court 2012TTA as Seoul Eastern District Court 2012TAB; (b) made the debtor B and third obligor B as Seoul MT; and (c) received the seizure and collection order as to the Seoul MTA’s “The amount until it reaches the claim amount of KRW 12,00,000,00, one-half of the balance calculated by subtracting the tax due and public charges from among the wage and bonus received every month, and all other money received as the consideration for labor provision (However, pursuant to Article 246 of the Civil Execution Act as of July 16, 201 and the Enforcement Decree of the Civil Execution Act, in consideration of the minimum cost of living under the National Basic Living Security Act and the Enforcement Decree of the Civil Execution Act, the amount remaining after deducting the tax due and public charges, until the above claim amount reaches the claim amount.” (d) The above order was served as Seoul MT on February 21, 201.

C. B issued, on August 12, 2002, a promissory note payable at sight (hereinafter “instant Promissory Notes”) to the Defendant, which constitutes a face value of KRW 150,000,000, and on June 22, 2004, a promissory note payable at sight (hereinafter “instant Promissory Notes”) which constitutes a face value of KRW 290,000,000, respectively. If the payment of the first Promissory Notes is delayed, it shall be subject to compulsory execution immediately.