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1. The Defendant’s KRW 410,753 as well as the Plaintiff’s annual rate of KRW 5% from May 19, 2017 to July 6, 2017.
Reasons
1. Basic facts
A. The Plaintiff Company A (hereinafter “Plaintiff A”) is a company that runs a specialized repair business, such as automobile maintenance, and Plaintiff B is the actual manager of Plaintiff A.
The defendant is an insurance company running non-life insurance business.
B. 1) The Defendant filed a civil suit seeking the payment of unjust enrichment under the court No. 2015da78212 and this court No. 2015Gada78205 (hereinafter “relevant civil suit”) by asserting that he/she filed a claim against the Plaintiff A for unjust enrichment (hereinafter “relevant civil suit”).
In addition, the Defendant filed an application for provisional attachment against the claim to be paid by Samsung Fire and Marine Insurance Co., Ltd. on October 13, 2015, the Defendant received each of the instant claims' provisional attachment against the claim amounting to KRW 6,866,155, Changwon District Court KRW 2015Kadan10848, Nov. 23, 2015, the claim amounting to KRW 5,600,140, Changwon District Court KRW 2015Kadan11002, respectively (hereinafter referred to as "provisional attachment against claim") in the order of each of the following:
(2) On October 21, 2015, Plaintiff A deposited KRW 6,866,155 (No. 3927 of Changwon District Court Decision 2015), and KRW 5,600,140 (No. 4705 of Changwon District Court Decision 2015), respectively, as the deposit money for the release of provisional seizure against each of the instant claims, and revoked the provisional seizure against each of the instant claims by filing an application for revocation of execution of provisional seizure due to the release deposit.
3) On May 25, 2016, the first instance court rendered a judgment dismissing each lawsuit on the grounds that there is insufficient evidence of the preserved claim, and each of the above judgments became final and conclusive around that time. Accordingly, on July 5, 2016, the Defendant withdrawn the application for provisional seizure against each of the instant claims, and the Plaintiff A recovered the deposit money as indicated in the foregoing paragraph (2) on July 13, 2016.
C. The defendant of the relevant criminal procedure shall be the plaintiff.