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(영문) 서울중앙지방법원 2019.07.16 2018나84937
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. C entered into an agreement with D on July 1, 1994 for a general loan loan of KRW 10,000,000 as of July 1, 1995 due date between D (hereinafter “D”) and D, and received a loan of KRW 10,000 from D.

(hereinafter “instant loan claim”). (b)

C as C was unable to repay under the above agreement, D filed a lawsuit against C on November 19, 194 with the Seoul District Court for the loan claim under 94 Ghana364951, and on March 28, 1995, the above court sentenced D to "C shall pay D 10 million won and 18.5% interest per annum from August 1, 1994 to D 18.5% interest per annum." The above judgment became final and conclusive on April 30, 1995.

C. D on December 28, 200, transferred the instant loan claims to E Co., Ltd. (hereinafter “E”) and notified C of the transfer of claims. On October 11, 2002, E transferred the instant loan claims to the Korea Asset Management Corporation and notified C of the transfer of claims.

The Korea Asset Management Corporation filed a lawsuit against C on February 2, 2005 against the Seoul Central District Court 2005Da1107959, and filed a lawsuit on April 26, 2005 with the above court "C shall pay to the Korea Asset Management Corporation KRW 10,000,000 and an amount equivalent to 18.5% per annum from August 1, 1994 to the day of full payment." The above judgment became final and conclusive on May 21, 2005, and the Korea Asset Management Corporation received a provisional attachment order from the above Seoul Central District Court on October 13, 2006 with respect to the above real estate as the claim for acquisition money based on the above judgment, and the registration of the provisional attachment was made on April 28, 2008 with respect to the above real estate owned by Hongcheon-gun, Hongcheon-gun, Hongwon-gun, G4,760m20.

(e) 226 square meters prior to the F of Hongcheon-gun, Hongcheon-gun, which was provisionally seized by the Korea Asset Management Corporation, and 4.

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