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(영문) 수원지방법원 2020.10.16 2020나50508
부당이득금반환
Text

The judgment of the first instance shall be modified as follows:

The plaintiff's claim amounting to 7,843,230 won and the plaintiff's claim on June 17, 2020.

Reasons

1. The court's explanation on this part of the basic facts is based on the reasoning of Paragraph 1 of the judgment of the court of first instance, and therefore cite it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. 1) The reasoning for this Court’s explanation concerning the cause of the claim is as stated in Articles 2 and 3 of the reasoning of the judgment of the first instance except for the following part: (a) The reasoning for this Court’s explanation is as stated in the main sentence of Article 420 of the Civil Procedure Act.

2) On the third and fourth sides of the judgment of the first instance court, the head of the first-class and fourth-class and fourth-class shall be deleted.

B. On the 5th day of the first instance judgment, 10-18 acts are deleted, and the following acts are followed.

"If so, barring any special circumstance, the defendant is obligated to pay to the plaintiff 25 million won =5 million won 】 5 million won x 5 and delay damages.

“”

B. As to the Defendant’s assertion, 1) If there exists a seizure and collection order on the claim as to the part of the collection order, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor shall lose its standing to file a lawsuit for performance against the seized claim.

(see, e.g., Supreme Court Decisions 99Da23888, Apr. 11, 200; 2010Da40444, Apr. 28, 201). Meanwhile, an order for seizure of claims takes effect upon delivery to a garnishee (Article 227(3) of the Civil Execution Act). Since the effect of the seizure of claims is limited to a subordinate right, it naturally extends to the interest or delay damages incurred after the seizure takes effect, but it does not extend to the interest or delay damages incurred after the seizure takes effect.

(see, e.g., Supreme Court Decision 2013Da1587, May 28, 2015). B. B. In full view of the facts alleged in this court and the purport of the entire pleadings as to the evidence Nos. 21 and 22, K, the Plaintiff’s creditor, refers to the instant case.

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