logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.02.14 2017나22805
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. Basic facts

A. On July 27, 2001, the defendant filed a lawsuit against the Incheon District Court 2001Kadan46982, etc. The above court rendered a favorable judgment against the defendant on October 31, 2001 that "B shall pay the defendant 5,8380,000 won and its interest or delay damages," and the above judgment became final and conclusive around that time.

B. On April 14, 2005, C drafted a request for debt approval, adjustment and undertaking (hereinafter “instant undertaking”) as a proxy as of April 14, 2005, and accordingly, C was granted reduction of and exemption from KRW 92,452,631 among the obligations owed by B to the Defendant. The content of the instant undertaking is as follows.

(1) The principal approves, as of April 14, 2005, that the debt amount for the return company is KRW 135,341,156 as of April 14, 2005, and as of now, there is no property owned by the public account book, and thus, upon repayment of KRW 45,00,000 in accordance with the standards set by the intention, the principal does not exercise his right to claim the remaining debt amount.

(2) If any property other than the above property previously owned prior to the request for debt settlement is discovered and the contents of debt settlement are automatically null and void, the principal will make a voluntary repayment of the amount obtained by subtracting the amount already repaid from the amount of debt at the time of the initial approval of debt settlement calculated including the property newly discovered according to the standards set by your company. If the principal fails to repay it, he will not raise an objection, such as sub-payment, against the remaining amount of debt (the amount obtained by subtracting the amount already repaid from the amount of debt prior to the approval of debt settlement) of the principal’s claim.

C. B on May 23, 2005, registered the ownership transfer for the reason of sale on June 28, 1996 with respect to D large 295 square meters in Jinju-si, Jinju-si, and completed the registration of ownership transfer for the reason of donation under B’s mother E on the same day.

The defendant shall be liable to B at the time of debt reduction.

arrow