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(영문) 수원지방법원성남지원 2015.08.28 2015가단5766
부당이득금반환
Text

1. The defendant shall be the plaintiff.

(a) KRW 2,887,900 and interest thereon shall be 20% per annum from August 29, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The defendant filed a lawsuit against the plaintiff, and on May 29, 2007, "the plaintiff and C shall jointly and severally pay to the defendant 10 million won and 36% interest per annum from August 22, 2005 to the day of full payment" (hereinafter "the final judgment of this case" in Busan District Court Decision 2006Ga71077 decided August 22, 2005, "the plaintiff's obligation based thereon" is "the obligation of this case."

(B) The above judgment was rendered and became final and conclusive on June 27, 2007. (b) The Plaintiff was declared bankrupt by the Suwon District Court on January 16, 2009, and was granted immunity on April 8, 2009 (C) and the aforementioned immunity became final and conclusive on April 23, 2009. At the time of bankruptcy and application for immunity, the Plaintiff entered the instant obligation against the Defendant in the list of creditors. (c) Based on the instant final and conclusive judgment, the Defendant received the Plaintiff’s assignment and assignment order of claims against the Plaintiff regarding the Plaintiff’s deposit claims against the Song AFFFFFFFFFF, and received KRW 2,87,87,90 from the Songnam District Court on February 27, 2015 (No evidence 1, No. 31, No. 1, 1,31, and 1,31, and 1,300, respectively.

2. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), an obligor who has been exempted from liability is exempted from all liability for all obligations owed to any bankruptcy creditor. A obligee cannot perform compulsory execution even if he/she holds an executive title to the exempted claim, and in cases where compulsory execution is conducted, he/she may file a lawsuit against the obligor through a suit against objection (see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013). In cases where compulsory execution is completed, the obligor may seek a return of unjust enrichment.

After an assignment order has become final and conclusive, all or part of the juristic acts constituting the basis of the execution deed which is the executive titles.

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