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1. The Defendant shall pay KRW 20 million to the Plaintiff at the rate of 15% per annum from November 10, 2015 to the date of complete payment.
Reasons
1. Basic facts
A. C’s claim for return of unjust enrichment against the Defendant filed a lawsuit against the Defendant for the refund, etc. of the guaranteed debt with the Incheon District Court 201Kahap5208. On July 20, 2012, the said court rendered a judgment on the following grounds: “1. The Defendant, from January 21, 2012 to July 20, 2012, 5% per annum, from January 21, 2012 to July 20, 2012, 200 to July 20, 2012, 30% per annum, and 20% per annum from the next day to the day of full payment (hereinafter “instant judgment”).
1) Since the agreement between C and the Defendant on the transfer of the Quarrying site cannot be deemed to have been concluded, C’s primary claim (the Defendant incurred the obligation to transfer the Quarrying site, etc. to C, but neglected C’s request for transfer and transferred the Quarrying site, etc. to another person. As such, C has no reason to cancel the transfer agreement between C and the Defendant on the ground of the Defendant’s refusal of performance or impossibility of performance, and its restoration and payment of damages). (2) Since the Defendant’s primary claim is obligated to return 980,000,000 won received from C after January 5, 2007 to return it as unjust enrichment, barring any other special circumstances, the Plaintiff’s preliminary claim is partially justified.
B. On August 29, 2012, the Plaintiff: (a) determined the claim amount of KRW 1,00,000,000; and (b) determined the claim amount of KRW 1,00,000; and (c) determined the claim amount of the instant claim that C has against the Defendant (hereinafter “instant claim”); and (d) applied for provisional attachment on August 29, 2012; and (e) the provisional attachment order was served on the Defendant on September 4, 2012.
C. From November 27, 2012, the Incheon District Court 2012Gahap14155, which was instituted by the Plaintiff against C in the Plaintiff’s order of seizure and collection, the amount of KRW 1,000,000, and the amount of KRW 1,000 shall be repaid to the Plaintiff from May 1, 201.