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(영문) 서울중앙지방법원 2014.11.19 2013가단5176859
부당이득금
Text

1. The primary Defendant A is KRW 41,225,515 and the interest rate of KRW 20% per annum from December 19, 2013 to the date of full payment.

Reasons

1. Factual basis

A. (i) On December 26, 2006, C registered the business under the name of “F” as “F” under the name of “F” and operated the restaurant under the name of “credit card franchise agreement”. Around that time, D entered into a credit card franchise agreement with the Plaintiff, and registered the deposit account in its name as a settlement account.

Things C added Defendant B to joint business operators on January 13, 2009, and changed Defendant B to a single business operator on July 17, 2009, and accordingly, Defendant B finally registered his deposit account in his name as a settlement account by changing the franchise agreement with the Plaintiff.

Article 22(1) of the former Enforcement Decree of the former Enforcement Decree of the Act on the Protection, etc. of Maritime Affairs and Fisheries (amended by Presidential Decree No. 2010, Jan. 17, 2010; Presidential Decree No. 22183, Feb. 21, 2010; Presidential Decree No. 22183, Feb. 21, 201; Presidential Decree No. 22183, Feb. 22, 2011>

B. (i) On May 12, 2010, H received a seizure and collection order against the Plaintiff from the Incheon District Court (2010TTT 11397) on the credit card sales price against the Plaintiff, and the said seizure and collection order was served on the Plaintiff on May 17, 2010.

She I received the provisional attachment order against the Plaintiff on August 26, 2010 by the Incheon District Court Decision 2010Kadan31042, and the provisional attachment order was served on the Plaintiff on August 31, 2010.

After that, as of February 7, 2011, the Incheon District Court issued a collection order based on the seizure order among the above seizure and assignment order as of November 13, 2012 by the Incheon District Court No. 2011TT 2437, and as of November 13, 201, I received a collection order based on the seizure order from the above seizure and assignment order from the Incheon District Court No. 201TT 201TT 2437, and each of the above orders was served on the plaintiff around that time

(c).

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