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(영문) 서울중앙지방법원 2020.05.08 2019가단5140005
부당이득금
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The reasons for the plaintiffs' claim are as shown in the annexed sheet.

2. Determination

A. According to the Plaintiff’s assertion as to the Plaintiff’s assertion, the Defendant transferred KRW 184,353,327 to Plaintiff A based on the Seoul Southern District Court 2016 tea9651 payment order (determined on April 25, 2017) with respect to the Plaintiff’s claim against the Republic of Korea as Seoul Southern District Court 2017TTTTT9356, and received KRW 184,353,327 from the Seoul Southern District Court 2018, on March 9, 2018, upon receipt of the claim seizure and collection order with respect to the claim against Plaintiff A, as Seoul Southern District Court 2017TTT12077, and the Defendant received KRW 64,763,053 in the above distribution procedure with respect to the claim against Plaintiff A, and there is no other evidence to acknowledge that the Defendant received KRW 300,300 from the said Plaintiff during the above distribution procedure. However, the Defendant’s allegation that the Defendant received dividends from the said Plaintiff’s claim as the dividend.

B. Even if the above plaintiffs' assertion against the plaintiff B and C is based on the above plaintiffs' assertion, the above plaintiffs invested money to the defendant. Thus, it cannot be deemed that there is no legal ground for the defendant to receive dividends in the above distribution procedure under the payment order finalized by the defendant. Thus, the above plaintiffs' assertion is without merit without further review of the remaining points.

3. In conclusion, the plaintiffs' claims are without merit, and each of them is dismissed. It is so decided as per Disposition.

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