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(영문) 수원지방법원성남지원광주시법원 2019.01.23 2018가단2109
청구이의
Text

1. The Defendant shall pay to the Plaintiff KRW 28,194,416 and the interest rate of KRW 15% per annum from July 13, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant was issued a seizure and collection order as to the benefit claim A of the K Company, based on the original copy of the above payment order, as the transferee of the transferee’s claim for which the payment order was finalized as the Suwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Order 2017TT7141.

B. The Defendant filed a lawsuit against the Plaintiff seeking payment of the collection amount of KRW 27,329,603 and damages for delay thereof, etc. with the Suwon District Court Decision 2017Da320388, the Suwon District Court 2017Da32038, Nov. 10, 2017 (hereinafter “instant decision on performance recommendation”) and the decision on performance recommendation was made on November 10, 2017, which became final and conclusive on December 12, 2017.

C. On February 27, 2018, the Defendant filed an application for a seizure and collection order based on the execution recommendation decision of this case with the Suwon District Court Branch Branch 2018TTTB2028, and issued a seizure and collection order on February 27, 2018, attached the Plaintiff’s claim against the third debtor FF Bank, and completed the collection of KRW 28,194,416 (hereinafter “the collection of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff did not conclude a labor contract with E, and there is no wage claim for the Plaintiff, and the Defendant collected KRW 28,194,416 of the Plaintiff’s F Bank deposit claim as the title of execution with the executory exemplification of the decision on performance recommendation that the Plaintiff does not have a duty to pay to the Plaintiff, and unjust enrichment without any legal cause. Thus, the Defendant asserts that the Defendant is liable to return the above money

B. As to the defendant's assertion, since the defendant was registered as the plaintiff's internal director and provided labor, the plaintiff is obligated to pay the plaintiff's salary to E, and since the defendant collected it, it is unjust for the above money.

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