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(영문) 광주지방법원 2017.04.19 2017가단2002

부당이득금반환

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1. The Defendant limited liability company’s interest in KRW 20,00,000 and its interest in each of the Plaintiffs shall be from February 3, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On July 24, 2009, the Defendant-limited liability company filed a request for payment order of KRW 46,79,791,000 for the amount claimed in Gwangju District Court, Gwangju District Court, Gwangju District Court, Gwangju District Court, Gwangju District Court, 2009Da653, 46,791,000, and the payment order issued by the above court (hereinafter referred to as the “payment order of this case”) was finalized on August 12, 2009.

B. The deceased died on May 10, 2014, and the Plaintiffs, Nonparty D, E, and F inherited the Deceased.

C. On February 6, 2015, the aforementioned inheritors filed a lawsuit for objection against the instant payment order with the Gwangju District Court 2015Kadan1967 against the Defendant-based Red on February 6, 2015, but lost September 9, 2015.

On July 13, 2016, the successors appealed against the above judgment, and received a favorable judgment in favor of the effect that “The compulsory execution based on the instant payment order is denied, and the compulsory execution is authorized on November 10, 2015 regarding the case of application for the suspension of compulsory execution by November 10, 2015.”

Defendant Hong-LLC appealed against the above judgment, but it was dismissed on October 27, 2016 and the above judgment became final and conclusive on October 31, 2016.

E. On April 19, 2016, the Defendant-limited company: (a) issued the instant payment order against Plaintiff B, working in Busan Metropolitan City, with the title of execution of the instant payment order; (b) was determined to seize and collect the claim amounting to KRW 22,189,710; (c) the third obligor Busan District Court and the National Bank; and (d) against Plaintiff A, working in Sung-gun, with the Busan District Court as the Busan District Court; and (c) determined to collect and seize the claim amounting to KRW 22,189,710; and (d) the third obligor Nonghyup Bank as the third obligor Nonghyup Bank.

The Defendant Lind Co., Ltd. was taking measures to suspend transaction against the bank and to seize wages against the plaintiffs.

F. The Plaintiffs, as public officials, were subject to attachment measures on benefits, and as the accounts of netcheon Credit Information Company, the Defendant Hancheon Branch, which was entrusted with debt collection, were Plaintiff B, and Plaintiff A, respectively, on April 29, 2016.