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(영문) 의정부지방법원 2017.09.26 2016가단110727
부당이득금
Text

1. The Defendant’s KRW 85,00,000 as well as the annual rate of KRW 5% from January 7, 2016 to June 8, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 9, 2015, the Defendant rendered a judgment for petitioner (hereinafter referred to as “related case”) to the Plaintiff and C on April 9, 2015, the Seoul Central District Court rendered a judgment on the claim for the agreed amount (hereinafter referred to as “related case”) at the rate of KRW 85,00,000,000, and the amount calculated at the rate of 5% per annum from October 31, 2009 to December 28, 2014, and 20% per annum from the next day to the date of full payment.

B. On the other hand, on November 25, 2013, prior to filing a related case, the Defendant filed an application for provisional seizure against real estate with the Jeonju District Court 2013Kadan2126, the amount claimed as KRW 85,000,00,000, and the debtor as the Plaintiff, and received the decision of provisional seizure against real estate on November 26, 2013. The Plaintiff deposited KRW 85,00,000,000 for the claim amount of provisional seizure under the Jeonju District Court 2015, the Militarysan Branch of the Jeonju District Court 2015.

On November 25, 2015, the Plaintiff was decided to revoke the execution of the provisional seizure from the Gunsan Branch of the Jeonju District Court.

C. On December 24, 2015, the Defendant received the claim amounting to KRW 85,00,000,000 from the Jeonju District Court Gunsan Branch 2015TTT7511 as provisional execution of the judgment of the first instance of the relevant case, the obligor and the third obligor, as the Republic of Korea, and the Plaintiff and the third obligor, as the Republic of Korea, the seizure and collection order for the purpose of claiming the collection of deposit money from the Plaintiff against the Republic of Korea, and the above seizure and collection order were served to the Republic of Korea, the garnishee on December 31, 2015.

On January 7, 2016, the defendant paid KRW 85,000,000 to the above deposit according to the collection order and seizure of the above claim.

E. The Plaintiff and C appealed against the judgment of the first instance in the relevant case as Seoul Central District Court 2015Na25869. On January 13, 2016, the appellate court granted the Plaintiff’s appeal to the purport that the part against the Plaintiff cannot be acknowledged among the Defendant’s claims, and dismissed the appeal against C (hereinafter “the judgment of the second instance in the relevant case”).

F. The defendant

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