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(영문) 인천지방법원 2018.03.15 2017가단37439
부당이득금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 177,426,200 and the interest rate of KRW 15% per annum from November 18, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 5, 2012, the Defendant asserted that he/she was unfairly transferred from the Plaintiff and filed an application for remedy for unfair transfer with the Gyeonggi Regional Labor Relations Commission (Seoul District Labor Relations Commission Decision 2012Da7666). In the above procedure, a settlement was concluded between the Plaintiff and the Defendant on July 27, 2012 between the Plaintiff and the Defendant on December 31, 2012, that “the Plaintiff shall be ordered to transfer the Defendant to the position of the head of the Plaintiff’s athletic main office by December 31, 2012.”

B. On April 26, 2013, the Plaintiff filed an application for commencement of rehabilitation procedures with the Incheon District Court on May 31, 2013, and registered on June 5, 2013 upon receipt of a decision to commence rehabilitation procedures by the Incheon District Court 2013hap19. On the same day, C, who was the representative director of the Plaintiff, is deemed a custodian under Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

C. On July 15, 2013, the Defendant filed an application for indirect compulsory performance with Suwon District Court D while the Plaintiff did not perform the obligation of a transfer order as stipulated in the said protocol, and the obligor was deemed the Plaintiff, who is not the administrator. The said court, without changing the obligor on October 10, 2013, shall issue a transfer order to the Plaintiff as the head of the sports company class within 21 days from the date the Plaintiff was served with the instant decision on October 10, 2013. 2. In a case where the Plaintiff failed to perform the obligation under paragraph (1), the Plaintiff made a decision of acceptance that the Defendant would pay 200,000 won a day from the date the period specified in paragraph (1) was to the date the performance was completed, and the said decision was finalized on October 24, 2013.

(hereinafter “instant indirect compulsory performance decision”). D.

The Defendant obtained an execution clause based on the decision of indirect compulsory performance of this case on November 17, 2016, on the ground that the Plaintiff failed to perform the obligation to issue a transfer order within the period specified in the decision of indirect compulsory performance of this case, and the case is "under the order of seizure and collection as to the Plaintiff's claim against the Plaintiff's new bank as Incheon District Court 2016TT27368."

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