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(영문) 서울중앙지방법원 2016.09.09 2015가단5323697
부당이득금
Text

1. The Defendant’s KRW 31,031,845 as well as the Plaintiff’s annual rate of KRW 5% from March 1, 2014 to October 13, 2015.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged based on the whole purport of the arguments in Gap evidence 1, evidence 2, evidence 3, evidence 4, evidence 5, evidence 6, evidence 7, evidence 8, evidence 9, evidence 10, evidence 11, evidence 12, evidence 13, evidence 14, evidence 16, evidence 17, evidence 18, and evidence 19.

Non-party B’s claim against Non-party B and real estate provisional attachment (hereinafter “non-party B”) changed from D Co., Ltd. to the above trade name on September 17, 2007; hereinafter “non-party B” regardless of the previous change of trade name, the registration of provisional attachment (hereinafter “registration of provisional attachment”) was completed on May 17, 2007 by filing an application against C for provisional attachment of real estate (hereinafter “the instant real estate”) with the Suwon District Court 2007Kadan101761 with respect to the claim amount as KRW 803,242,413 with respect to the attached real estate (hereinafter “the instant real estate”).

D. On November 18, 2009, the Seoul Central District Court 2007Gahap88953 filed a lawsuit against C, and rendered a judgment on November 18, 2009 that “C shall pay to the non-party company 801,007,305 won and 736,47,082 won, which shall be 22% per annum from January 1, 2007 to the date of full payment.” While C appealed appealed on December 9, 201, the appeal was dismissed and the judgment of the first instance court became final and conclusive on December 29, 2011.

B. (i) Voluntary Auction and Distribution of the instant real estate: (a) In addition to the registration of the instant provisional seizure, the registration of the seizure of the Republic of Korea (U.S.T.C.) under the receipt of No. 15801 on August 24, 2010 by the Pyeongtaek District Court, Pyeongtaek District Court (U.S.) and the receipt on December 22, 201 by the same registry office.

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