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1. The original copy of the payment order against the Defendant’s Plaintiff in Seoul Central District Court Decision 2015Hu27582 is the original copy of the payment order.
Reasons
1. Basic facts
A. The Defendant’s payment order against the Plaintiff (1) was the case of unjust enrichment against the Plaintiff. The Defendant concluded a contract against the Plaintiff on July 8, 2015, with the Seoul Central District Court 2015 tea 275882, and “the Defendant concluded a contract against the Plaintiff on five occasions (the sales price of KRW 67,200,000,000,000,000 for the contract, sales price of KRW 44,100,000 as of December 26, 2014, and the contract, sales price of KRW 35,80,000,000 as of March 4, 2015, and filed an application with the Plaintiff for reimbursement of KRW 186,70,000,000,000 for each of the above contracts, while the Plaintiff did not perform its obligation to pay the above contracts to the Plaintiff.”
(2) On December 7, 2015, the Seoul Central District Court issued an order to pay “the Plaintiff shall pay to the Defendant 186,70,000,000 won and damages for delay calculated at the rate of 15% per annum from the day after the Plaintiff was served with the payment order to the day of full payment.”
(hereinafter “instant payment order”). The instant payment order was served on December 11, 2015 on the Plaintiff, and became final and conclusive around that time as the Plaintiff did not raise any objection.
B. On February 26, 2015, the relationship between the Plaintiff and C Co., Ltd. (hereinafter “C”) and D (hereinafter “D”) entered into an asset acquisition agreement with C to sell the secured non-performing loans of the E Bank amounting to KRW 71,868,746,00 (hereinafter “instant asset acquisition agreement”).
(2) According to the instant asset acquisition agreement, C was obligated to pay the purchase price to D by March 26, 2015. However, D and C and the Plaintiff newly drafted an agreement on the change of asset acquisition agreement and the transfer of purchaser status on March 27, 2015, and entered into the instant asset acquisition agreement.