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(영문) 서울중앙지방법원 2020.06.17 2020나1836 (1)
부당이득금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The original Defendant is a person who has obtained a collection order (hereinafter “collection order”) with respect to the benefit claim against E’s F Co., Ltd. (hereinafter “F”) using the authentic deed of a promissory note drawn up by E as the executive title.

The details of collection order are as follows.

Cases where the name of court below the collection order is not separately stated are all the cases of the Incheon District Court.

The Plaintiffs of Promissory Notes No. 1: G Notaries Public’s Joint Office: Amount claimed by Plaintiff A 2014T 32424,00,000 won No. 369, 2014 3827, 2014 4222, 597,000,000 Other 25766, 2015 279, 2014 2012, 595,000,000, 2014 205, 2050, 2015 205, 2050, 2005 250, 2005 250, 2005 250, 205 250, 2005 250, 2005 205 205 250, 2005 2501 205 205

B. F deposited KRW 56,269,280 as 2017Hun75,7535 on the grounds of seizure competition, and accordingly, the distribution procedure (I; hereinafter “instant distribution procedure”) was initiated regarding the said deposit.

C. On December 20, 2017, the dividend court prepared a distribution schedule that distributes the amount of KRW 56,098,517 to 22 creditors (total amount of claims KRW 4,694,114,249) who received a collection order, including the original Defendant, in proportion to the amount of the claim, to be distributed in proportion to the amount of the claim, and the distribution details to the original Defendant are as follows.

The above distribution schedule became final and conclusive, and the original defendants received dividends.

Plaintiff A 2014TT 32424 No. 296,492,317 won 3,543,326 won 590,719,712 won 7,051,220 won 2576,871 won 495,867,871 won 5,926,028 won B 2014T 408,043,097 won 7,027,598 won Defendant C2015T 2015TT 2887,1287.

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