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(영문) 서울서부지방법원 2017.11.01 2017가합34592
추심금
Text

1. The Defendant: (a) to Plaintiff A, KRW 391,935,519; and (b) to Plaintiff B, KRW 91,305,00; (c) to Plaintiff C, KRW 139,923,00; and (d) to Plaintiff D.

Reasons

1. Facts of recognition;

A. The Intervenor’s Intervenor’s Intervenor’s Intervenor’s loan claim (hereinafter “ Intervenor”) lent KRW 391,935,519 (hereinafter “loan 1”) to the Defendant on or before June 17, 2016, and KRW 6,234,413,597 (hereinafter “Loan 2”) on or before September 3, 2015.

B. The Plaintiff A’s original amount of unjust enrichment of KRW 391,935,519 in total against the Intervenor and its delay damages is KRW 365,220,000 in total.

In order to preserve his/her claim, this Court issued a provisional execution order (hereinafter “the first collection order”) on June 22, 2016, with respect to KRW 391,935,519, which the Intervenor had against the Defendant, based on the judgment of the provisional execution order of the case of unjust enrichment 2015Gahap32486, which was rendered by this Court, on June 17, 2016. The above collection order was served on the Defendant on June 22, 2016.

The remaining plaintiffs (hereinafter referred to as "Plaintiff B, etc.") received a provisional attachment order of KRW 945,383,00 (the amount of seized claim by plaintiff is equal to the amount of unjust enrichment as shown below 1) from among the intervenor, third obligor, defendant, and second-use loan claim 2, which was issued by this court on August 4, 2016, in order to preserve the intervenor's claim for return of unjust enrichment as listed below. The above ruling was served on the defendant on August 8, 2016.

(hereinafter “instant provisional seizure”). [Attachment 1] Plaintiff 1 B 91,305,002 C 139,923,000 3 D 91,305,000 4 E 221,225,625,000 5 F 401,625,000 5 F 401,625,000, Plaintiff B, etc. received a provisional seizure and a collection order (hereinafter “second collection order”) on June 15, 2017 based on the judgment of the provisional execution sentence of the instant provisional seizure case, the court 2016Ga34526, 343,000, etc. issued a provisional seizure and a collection order (hereinafter “second collection order”) prior to the provisional seizure. The above collection order was served on the Defendant on June 19, 2017.

[Ground of recognition] A. 2-1, 2-2, 4-1, 4-2, 5-1, 5.5.

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