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(영문) 수원지방법원 2016.03.11 2014가합69644
가지급물 반환 청구
Text

1. As to the Plaintiff KRW 275,157,803 and its KRW 95,157,803 among them, the Defendant shall pay to the Plaintiff KRW 180,00,00.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff, C, and D with Seoul Western District Court Decision 2013Kahap4463, 4470, and the said court rendered a judgment with the declaration of provisional execution that “the Plaintiff, C, and D jointly and severally pay to the Defendant 643,93,441 won and the amount at the rate of 20% per annum from April 11, 2013 to the date of full payment.”

B. On January 13, 2014, the Defendant received a seizure and collection order (Seoul Western District Court 2014TTT71) from the Seoul Western District Court 2014.

C. On January 21, 2014, the Defendant received KRW 95,157,803 from the Plaintiff, and said KRW b.

On March 27, 2014, based on the order of seizure and collection, the amount of KRW 180,000 was distributed from the Republic of Korea.

On the other hand, the Plaintiff appealed as Seoul High Court Decision 2014Na11644, 11651 on August 29, 2014.

E. The Defendant appealed and filed an appeal with the Supreme Court Decision 2014Da64196, but the judgment dismissing the appeal was rendered on October 29, 2015, and the above judgment of the appellate court became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap 2 to 6 and 9 evidence (including branch numbers for additional evidence) and the purport of the whole pleadings.

2. Obligation to return provisional payments;

A. Not only KRW 180,000,000, which the Defendant received by receiving a seizure and collection order based on the original copy of the judgment with a declaration of provisional execution, but also also constitutes KRW 95,157,803, which the Plaintiff paid to the Defendant on January 21, 2014, but also constitutes an object of payment due to a declaration of provisional execution, not a voluntary repayment, when the Defendant carried out compulsory execution, such as receiving a seizure and collection order with respect to the said deposit on January 13, 2014.

(c).

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