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(영문) 수원지방법원 2017.02.16 2016가합70662
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A medical corporation (the Suwon District Court 2015 hap13, Oct. 6, 2015) commenced rehabilitation procedures, and the representative director B, who is deemed a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act, filed the instant lawsuit, and the said rehabilitation procedures were abolished on May 26, 2016. On June 28, 2016, the rehabilitation procedures commenced again under the Seoul Central District Court 2016Kahap1016, and C was appointed as a custodian and taken over the instant litigation procedures. When the rehabilitation corporation and its manager need not be separated, the rehabilitation corporation and the F Company, on January 19, 2015, issued a promissorysory note (hereinafter “instant promissory note”) with respect to Defendant DD (hereinafter “Defendant D”) jointly and issued a notarized promissory note on March 31, 2015 (hereinafter “instant promissory note”).

B. On June 26, 2015, Defendant E acquired a claim equivalent to KRW 1.1 billion from among the instant promissory note bonds from Defendant D, and on the same day, Defendant E was granted an execution clause on the instant authentic deed as a successor to Defendant D’s successor.

C. On July 17, 2015, Defendant E applied for a seizure and collection order as to the deposit claim against the Plaintiff’s bank, Korea District Court, Sungwon-nam Branch, 2011, with the title of execution, to obtain a seizure and collection order of the claim amounting to KRW 800 million. Accordingly, Defendant E collected KRW 22,018,429, and KRW 27,981,571, respectively from the bank of Korea on August 13, 2015.

In addition, Defendant E applied for the seizure and collection order of the claim against the Plaintiff’s deposit claim against the Bank of Korea as Sungwon District Court Branch Branch 2015TTT9434 with the title of execution of the Notarial Deed of this case as the title of execution.

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