logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.05.20 2018가단200652
부당이득반환 청구
Text

1. The Defendant’s KRW 52,385,00 for the Plaintiff and KRW 15% per annum from January 19, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On May 18, 2007, C and D’s agent of the Plaintiff as the debtor is a notary public E belonging to the Daejeon District Public Prosecutor’s Office of Daejeon on November 30, 2002, recognizing that the Plaintiff’s principal and interest in the unpaid debt amounting to KRW 180 million after borrowing money from C on November 30, 2002, and paying the said money until May 20, 2007. When the Plaintiff delays the above repayment, it is a notarized deed of debt repayment contract with the purport that the Plaintiff did not raise any objection even if he was immediately subject to compulsory execution from C (hereinafter “notarial deed of this case”).

(2) On August 22, 2012, C entrusted the preparation of the instant notarial deed and was drafted on the same day by a notary public No. 3925 on the same day. (2) On August 22, 2012, C prepared a certificate of assignment of claims (hereinafter “certificate of assignment of claims”) stating that the Plaintiff transferred the claim to the Defendant according to the instant notarial deed, and the Plaintiff consented thereto, accompanied by a written consent to the assignment of claims (hereinafter “written consent to the assignment of claims”) with the purport that the Plaintiff consented to the transfer on the same day, and the Defendant was granted the execution clause by a notary public E as to the instant notarial deed on January 3, 2014.

B. Around 2015, the Plaintiff filed a lawsuit against the Defendant for damages claim against Daejeon District Court 2015Kadan29623, the Daejeon District Court 2015Kadan29623, and received an order to deposit seven million won from the said court upon filing an application for provisional seizure of the real estate owned by the Defendant under the same court for the preservation of its execution and received an order to deposit the said amount of KRW 7 million from the said court. Accordingly, on March 2014, the Defendant deposited the No. 4455 of the said court with the said court as the title of execution. Around March 2014, the Defendant received a collection order for the Plaintiff’s claim for the recovery of the said deposit amount as the title of execution and collected the said deposit money around that time with the said court 2014Mo3524.2) The Plaintiff collected the said money against the Defendant around 2015.

arrow