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(영문) 서울중앙지방법원 2017.05.11 2016나62421
부당이득금반환 청구의 소
Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 55,882,230 as well as the full payment with respect thereto from April 11, 2017.

Reasons

1. Basic facts

A. On March 4, 2010, the Plaintiff’s credit against B (1) concluded a guarantee insurance agreement with the Plaintiff on March 4, 2010 on the following matters.

The amount of insurance coverage of · 52,298,750 · the insured worker: the insurance period of · the Korea Teachers' Credit Union: from March 4, 2010 to April 2, 2012: The details of guarantee; (2) the Korean Teachers' Credit Union demanded the Plaintiff to pay the insurance money on the ground that the loans have not been repaid on March 4, 2010; and on November 11, 2011, the Plaintiff paid KRW 52,298,750 to the Korean Teachers' Credit Union.

(3) The Plaintiff filed a lawsuit seeking reimbursement against B with the Seoul Central District Court 2013Da5050131, and on May 30, 2013, the said court rendered a judgment that “B shall pay to the Plaintiff 53,330,390 won, and 52,298,750 won among them, 15% per annum from February 10, 2012 to May 10, 2013, and 20% per annum from the next day to the date of full payment.” The said judgment became final and conclusive around that time.

(4) As of April 6, 2017, the remaining amount of claims based on the said final judgment is KRW 5,882,230.

B. On October 1, 2007, the Defendant’s issuance of promissory notes, the seizure and assignment order (1) B issued to the Defendant one promissory note (hereinafter “instant promissory note”) with a face value of KRW 100 million, the payment place, and the number of the place of the issuance as of January 22, 2010. On January 20, 2010, a notary public drafted and issued a notarized deed (hereinafter “instant authentic deed”) stating that “in the event of delay in the payment of the instant amount, compulsory execution shall be accepted” under Article 40 of the 2010 Deed No. 40 of the Dasan No. 2010.

(2) On the basis of the instant notarial deed, the Defendant applied for the attachment and assignment order of the claim amount as KRW 100 million with respect to the benefit claim against B in Suwon District Court 2010TT1593. On January 29, 2010, the said court ordered the attachment and assignment order of the claim.

hereinafter referred to as "the case."

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