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Reasons
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(영문) 울산지방법원 2021.01.12 2019가단114651
전부금
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The defendant's KRW 150,000,000 and its relation to the plaintiff shall be 5% per annum from July 16, 2019 to January 12, 2021.

Reasons

1. Facts of recognition;

A. On July 16, 2015, the Ulsan District Court issued a payment order (Ulsan District Court No. 2015 No. 2752, hereinafter referred to as the “instant payment order”) with the content that “A Co., Ltd. (hereinafter referred to as “Nonindicted Company”) shall pay to the Plaintiff 688,273,000 won and the amount calculated at the rate of 20% per annum from the day following the delivery of the payment order to the day of complete payment.” The said payment order was finalized on August 6, 2015.

B. On July 30, 2018, the Plaintiff obtained a decision on the seizure and assignment order (Article 8032 of the Ulsan District Court Act, 2018, hereinafter “instant assignment order”) as to the non-party company D’s claim [the claim based on the Busan High Court Decision 2016Na2741 (Article 299, 400,000 and delayed damages)] among the claim against the non-party company D (the claim based on the Busan High Court Decision 2016Na2741). The instant assignment order was served to D around that time.

(c)

The non-party company filed a lawsuit claiming payment of KRW 254,00,000 against the defendant by exercising the right to claim the return of unjust enrichment equivalent to D's purchase price against D on behalf of D on behalf of D, but the appellate court ( Busan High Court 2019Na 53061) changed the purport of claiming only KRW 104,000,000, excluding the amount equivalent to KRW 15,000,000 under the assignment order of this case. The Busan High Court affirmed D's insolvency on June 4, 2020, and the scope of the right to claim the return of unjust enrichment against D on the ground that D deducts KRW 252,40,000,000 under the assignment order of this case from the non-party company on its own, which became final and conclusive at the time of the above decision.

[Ground of recognition] Unsatisfy, entry of Gap 1 through 7 evidence (including number number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the defendant is in the assignment order of this case.

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