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(영문) 서울고등법원 2015.12.30 2015나17694
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. The plaintiff in the first instance court rendered a claim for reimbursement and a claim for restitution of unjust enrichment by exercising the creditor's subrogation right against the defendant. The court of first instance rendered a dismissal judgment as to the claim for reimbursement and dismissed judgment as to the claim for restitution of unjust enrichment.

Since the plaintiff appealed only against the claim for return of unjust enrichment, the scope of this court's trial is limited to the claim for return of unjust enrichment.

2. Basic facts

A. The Plaintiff’s comprehensive succession to the right to collateral security (hereinafter “the instant right to collateral security”) took over the bus sales business portion of the treatment automobile in accordance with the rehabilitation procedure (Seoul Central District Court No. 2011 Ma105) for the non-party-party-party-based corporation (hereinafter “the Plaintiff’s comprehensive succession to collateral security”) and was newly established on December 19, 201 in accordance with the rehabilitation plan authorized by the Seoul Central District Court No. 2011 Ma105, and was a corporation newly established on December 19, 2011, and the non-party-party-party-party corporation of the treatment automobile (hereinafter “BL”), a claim for the refund of the lease deposit, and a right to collateral security (hereinafter

B. Claim attachment and assignment order 1) Nonparty D Co., Ltd. (Defendant is its representative director)

hereinafter referred to as “D”

(2) On July 22, 2011, the Defendant received an order to seize or complete a claim based on a final and conclusive judgment against Daewoo Motor, from the Incheon District Court 201TTTTB 201TB 28054, with an executory claim against the warranty claim against the sirens of Daewoo Motor. Based on such order, on August 25, 2011, part of the instant claim against the maximum debt amount out of the instant right to collateral security was completed on August 25, 2011. (2) On July 22, 2011, Non-Party Telecommunications Passenger Transport Co., Ltd. (hereinafter “TB”) (hereinafter “TB”), with an executory claim against Daewoo Motor as a claim based on a final and conclusive judgment, under Incheon District Court 2011TTB 28032. The attachment and attachment

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