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(영문) 서울남부지방법원 2019.11.21 2017나62974
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, except for the case’s dismissal as follows, Nos. 5 and 12 of the judgment of the court of first instance (hereinafter “the judgment of the court of first instance”) is as stated in the part of the reasoning of the judgment of the court of first instance. Thus, the court’s explanation as to this case is citing it

2. In addition to the overall purport of the arguments as to Gap evidence Nos. 14 and 15, the following facts can be acknowledged: ① The plaintiffs' transferee of claims against Eul et al. and the execution obligor of the provisional seizure of this case filed a lawsuit for the claim for agreed amount under Seoul Central District Court 2018Gahap50852; ② the appellate court (Seoul High Court 2019Na2005671) from September 20, 2019 (Seoul High Court 2019Na2005671) to acknowledge the fact that the judgment, which included the following, was finalized on October 9, 2019.

Of the judgment of the court of first instance regarding the plaintiffs' claims against E in Paragraph (1) of this Article, the part concerning the claims against the defendants of plaintiffs A, B, and C shall be modified as follows.

Defendant E and the remaining Defendants jointly and severally pay to Plaintiff A 324,196,917 won, Plaintiff B 106,783,247 won, Plaintiff C 101,604,914 won, and each of them, 5% per annum from February 23, 2018 to September 20, 2019, and 15% per annum from the next day to the date of full payment.

The summary of the part concerning the plaintiffs' claim acceptance amount ① At the time of November 15, 2011 when the plaintiffs acquired claims against the defendants from I from I, the balance of the agreed amount of KRW 857,809,00 (i.e., the agreed amount of KRW 4,100,000,000 - KRW 596,081,361 paid to N, etc. - KRW 156,692,839 - the settlement of accounts was completed on January 2008 - KRW 1,781,903,30 - the amount equivalent to payment in kind - KRW 707,513,491 paid to I). The defendants were jointly and severally liable to pay the agreed amount to I.

② However, I transferred the claim amount of KRW 1,620,00,000 to the Plaintiffs in excess of the amount of the above agreed amount.

Plaintiff

A 630,000,000 won and the plaintiff.

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