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(영문) 서울중앙지방법원 2017.05.11 2016가단5308893
부당이득금
Text

1. The Defendant’s KRW 3,639,980 as well as the Plaintiff’s annual rate of 5% from November 23, 2016 to May 11, 2017.

Reasons

1. Basic facts

A. The Plaintiff, based on the executory exemplification of the judgment in the Seoul Northern District Court Decision 2012Kahap34677 against the Seoul Northern District Court (hereinafter “A”), received an order for the seizure and collection of the claim against A’s third obligor Co., Ltd. (hereinafter “PP Korea”), based on the amount claimed as KRW 147,822,496, on the basis of the executory exemplification of the judgment in the purchase price case for goods.

(Seoul Northern District Court 2013 Taz. 564). (b)

The Pamp Korea deposited KRW 403,658,166 in the above court as the gold No. 4500 in 2014.

C. On January 29, 2015, the execution court drafted a distribution schedule with the content that dividends amounting to KRW 403,611,316 as follows (hereinafter “instant distribution schedule”).

[Defendant (Seoul Northern District Court 2013Kadan32932), C (Seoul Northern District Court 2013Ma3290), Seoul Northern District Court 2014,165,782,114 won 57,598,032,208,2067,209,3616,367,30,2967,3616,30,2967,30,2967,3616,30,7467,30,2965,206,30,7467,30,2967,30,2964,206,30,75,2967,306,306,2964,206,75,294,2067,767,294,2067,274,767,294,7616,767,27,364,27,27,367,

D. On January 29, 2015, the Plaintiff distributed each of the instant dividends to D, E, F, G, and H (hereinafter “D”) out of the instant distribution schedule on the date of distribution.

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