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(영문) 서울중앙지방법원 2017.11.10 2016나14200
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the defendant who is equivalent to the following amount ordered to be paid.

Reasons

Facts of recognition

Pursuant to the Seoul Central District Court Decision 2008Ga301953 decided Oct. 30, 2008, the Plaintiff has the claim for indemnity against C (hereinafter referred to as “debtor”) for KRW 95,860,707 and KRW 30,688,510 per annum from June 18, 1997 to July 17, 1997; KRW 14% per annum from the next day to September 9, 2008; KRW 20% per annum from the next day to the day of full payment; KRW 64,430,80 per annum from July 11, 1997 to September 9, 2008; and KRW 20% per annum from the next day to the day of full payment.”

According to the above judgment, the Plaintiff executed the claim against Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Co., Ltd.”) with the Seoul Western District Court No. 2011TTT 6022 by accepting the seizure and collection order.

The Defendant, based on the executory payment order of Suwon District Court No. 2011j4983 against the debtor, was executed by the debtor by accepting a seizure and collection order of the claim against Hyundai Marine Fire Insurance under the Suwon District Court's Ansan Branch 2011TT2081T20819, and the co-defendant B of the first instance court (hereinafter "B") was executed by the debtor based on the executory payment order of Seoul Western District Court's 201j3689 with the executory payment order of the Seoul Western District Court's 201TT 201TT1568 with respect to the claim against Hyundai Marine Fire Insurance.

On April 6, 2012, the Hyundai Marine Fire Insurance deposited KRW 32,286,728 as the insurance money to the deposit officer of the Seoul Western District Court deposited KRW 32,286,728 as the insurance money to the debtor.

With respect to dividends of KRW 32,352,323 except the enforcement cost in the claim distribution procedure with respect to the above deposit funds executed on July 19, 2012 in Seoul Western District Court D, the Plaintiff, Defendant, and B received dividends in the same order as indicated below.

Plaintiff

B The amount of the claim against the Defendant.

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