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1. The plaintiff, the defendant C is 50,000,000 won, the defendant D is 30,173,000 won, and the defendant E is 52.
Reasons
1. Basic facts
A. The Defendants, the creditors of A (hereinafter “A”) received a provisional attachment order or a claim attachment and collection order against H (hereinafter “H”) with respect to monetary claims against H (hereinafter “H”) as indicated in the following table. The pertinent decision was served to H.
Defendant CE Co., Ltd., Ltd., 50,000 won 30,173,000 won 60,739,800 won 102,334,117 won 34,095,200 won and provisional seizure order of claim 2018Kadan897, Seoul Central District Court 2018Kadan51498, Seoul Central District Court 2018Kadan35050, and provisional seizure of claim 2018Kadan3798, Jun. 28, 2018, the Seoul Central District Court 2018Kadan10379,000 won 30,000 won 60,000 won 34,095,095,2000 won 34,095,2095,2000 won and the provisional seizure order of claim 2018.6,6, 2018.
H deposited KRW 301,248,863 in accordance with Article 248(1) of the Civil Execution Act on September 5, 2018 on the grounds of competition, such as seizure of claims (Seoul Central District Court No. 21470 in 2018), and on the same day, the distribution procedure for the said deposit was commenced.
(Seoul Central District Court I, hereinafter referred to as the "instant distribution procedure").
On December 17, 2018, the Seoul Rehabilitation Court declared a bankruptcy against A (2018Hahap10429), and appointed the plaintiff as the trustee in bankruptcy on the same day. D.
On the date of distribution of the distribution procedure of this case opened on December 21, 2018, a distribution schedule with the content that distributes the amount corresponding to each of the items indicated in the “amount of claim” column of the said table was prepared. Around that time, the Defendants received each of the corresponding dividends, which became final and conclusive.
E. On February 27, 2019, the Plaintiff: (a) the money received by the Defendants against the Defendants was made after the declaration of bankruptcy; and (b) the said money constitutes unjust enrichment; and (c) thus, (d) the said money ought to be returned.