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(영문) 서울서부지방법원 2019.10.18 2019나33009
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment exceeding the following amount.

Reasons

1. Basic facts

A. The plaintiff's spouse is C, and the defendant was in a de facto marital relationship with C's words D.

B. The Plaintiff and the Defendant drafted a certificate of loan that the Plaintiff borrowed KRW 90 million from the Defendant on May 5, 2008, and KRW 40 million on November 25, 2008. On May 12, 2015, the Plaintiff and the Defendant drafted a letter of credit assignment contract to the effect that the Plaintiff transferred KRW 110 million to the Defendant for the claim for the return of the deposit for lease against the lessor G in Gyeyang-gu, Seoyang-gu, Yangyang-gu, and the Plaintiff’s claim transfer to the Defendant, and notified G of the fact of the transfer of the credit.

C. On August 19, 2015, the Plaintiff and the Defendant drafted a notarial deed of promissory notes (hereinafter “notarial deed of this case”) with the purport that a notary public drafted No. 408, 2015, the Plaintiff bears the Defendant’s obligation of KRW 110 million.

On August 21, 2015, the Defendant issued an assignment order and attachment order (hereinafter “instant assignment order”) to the Seoul Western District Court, designating the Plaintiff as the obligor and the I Co., Ltd. (hereinafter “I”) as the third obligor (No. 2015TTT). On August 21, 2015, the said court issued an assignment order and attachment order (hereinafter “instant assignment order”) to the amount of money up to the time the Plaintiff issued to KRW 110,000,000,000 of the balance calculated by deducting taxes and public charges from the Plaintiff’s payment claim against I.

The instant assignment order was finalized on October 17, 2015.

E. The Plaintiff was indicted on November 24, 2016 due to a crime of evading compulsory execution, a crime of evading compulsory execution, or a crime of attempted fraud, and the Plaintiff and the Defendant were sentenced to a suspended sentence of two years on April 28, 2017 by being convicted of all criminal facts listed in the separate sheet.

(Seoul Western District Court 2016 Ma3571) The above criminal judgment became final and conclusive.

F. From November 2, 2015 to May 2, 2016, the Defendant transferred part of the Plaintiff’s benefits received according to the instant assignment order to the J bank account in the name of D.

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