(영문) 전주지방법원 2018.01.10 2017나8527 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 전주지방법원 2018.01.10 2017나8527

부당이득금반환 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On January 20, 2015, the Plaintiff applied for a payment order against B, etc., and received a payment order (Seoul Central District Court 2015 tea1787) to the effect that “B shall pay to the Plaintiff delay damages for KRW 27,140,681 and KRW 4,767,319,” and the said payment order was finalized around March 5, 2016.

B. On September 5, 2008, the Defendant received a payment order (the Seoul District Court Decision 2008Guj2476, hereinafter “instant payment order”) from B to the effect that “B shall pay to the Defendant KRW 250,000,000 and its delay damages,” on the ground that B jointly and severally guaranteed the obligation of KRW 250,000,000 against C to the Defendant, and the instant payment order was finalized around that time.

C. On November 12, 2008, the Defendant received a claim attachment and collection order (the sum of KRW 257,397,260,000 and interest interest thereon) issued by the obligor B, the garnishee, Jeollabuk-do, and the claim amount of KRW 257,39,260 (the sum of KRW 250,00,000 and interest interest thereon) based on the instant payment order with executive force on November 12, 2008, which became final and conclusive around that time.

The Defendant received the total amount of KRW 98,442,137 through each dividend procedure based on the collection order of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 2, and the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiff's assertion is that the reason for the payment order of this case is the defendant's loan to the defendant's C and the joint and several surety therefor. In light of the fact that the defendant and B are friendships between the defendant and the defendant, and that the loan of 250,000,000 won is extremely exceptional, it shall be deemed that it is null and void due to the false conspiracy of agreement.

Therefore, KRW 98,442,137, which was distributed by the Defendant according to the instant payment order and collection order based on an invalid juristic act, is against B.

유사 판례

-전주지방법원 군산지원 2018.06.21 2017가단52908

-제주지방법원 2017.12.15 2017가단51961

-부산지방법원동부지원 2017.09.08 2016가합105588

-광주지방법원 목포지원 2018.06.12 2017가단5820

-전주지방법원 군산지원 2018.08.14 2017가단7786