1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.
2. The total cost of a lawsuit shall be borne individually by each party.
1. Facts of recognition;
A. The Plaintiff filed a provisional attachment on C’s claims against the Defendant and D Co., Ltd. (hereinafter “D”) on the ground that the Plaintiff had a claim of KRW 470 million against C (hereinafter “C”), and received a decision of acceptance on July 24, 2014 from the Jung-gu District Court.
The Plaintiff was sentenced on June 11, 2015 to the effect that “470 million won and the amount calculated at the rate of 20% per annum from February 24, 2015 to the date of full payment” by filing a lawsuit against C for the claim for the payment of money, and the said judgment became final and conclusive on August 18, 2015.
The Plaintiff applied for a seizure and collection order with respect to C’s claim against the Defendant based on the claim for transfer money based on the original copy of the above executory judgment, and received a decision of acceptance on October 5, 2016 from the Jung-gu District Court.
(2016 Doz. 14855, hereinafter “instant seizure and collection order”) D.
C In filing a lawsuit against the Defendant and D seeking the return of unjust enrichment, the Defendant was obligated to pay C the amount of KRW 14,374,89 in the case of the possession by himself, KRW 121,84,375 in the case of the possession by himself, KRW 121,84,375 in the case of the possession by himself, and KRW 121,84,375 in the case of the joint possession with D, and damages for delay calculated at the rate of 5% in each year from October 1, 2005. However, as the creditors’ claims attachment and collection order were delivered to C including E, it was dismissed, and the remaining 62,721,337 won in the case of the portion of the possession by himself, was sentenced to "a quoted judgment" (No. 2016Na208756). The Defendant appealed but dismissed, but the above judgment became final and conclusive on December 27, 2017.
(2017Da47406). [Reasons for Recognition] / [Ground for Recognition] / The fact that there is no dispute, each entry of Gap evidence 1 to 5 (including each number), and the purport of the whole pleadings 2.