logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.11.21 2017가단3974
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Judgment 1 between the Plaintiff and B (hereinafter “B”)

(1) The Seoul Southern District Court 2012Ga23734 filed a lawsuit against the Plaintiff, which sought restitution of unjust enrichment, etc. on September 5, 2014, that “the Plaintiff shall pay to B 29,391,500 won, and 6% per annum from September 2, 2010 to September 5, 2014, and 20% per annum from the following day to the day of full payment” (hereinafter “instant judgment”).

(2) On January 21, 2016, the said judgment was rendered final and conclusive on the dismissal of an appeal (Seoul High Court 2015Na10150), May 27, 2016 (Supreme Court 2016Da15877).

B. B’s compulsory execution against the Bank’s deposit claims (1) B) based on the instant judgment, on April 29, 2016, based on the Seoul Central District Court Decision 2016TTB issued a seizure and collection order of KRW 26,481,49 on the claim amount against the deposit claims owned by the Plaintiff in the Bank, as Seoul Central District Court No. 2016TB, 2016.

B) On June 1, 2016, the Industrial Bank of Korea deposited KRW 26,481,499 as Seoul Western District Court No. 2593, Jun. 1, 2016, the Bank of Korea deposited KRW 26,481,49, and on June 2, 2016, upon receipt of an application for the distribution procedure to the Seoul Central District Court C, the distribution procedure was initiated. C) After the Seoul Central District Court’s June 2, 2016, Devertex Co., Ltd., Ltd., the creditor of B (hereinafter “Havertex”) was served on June 27, 2016 with the Seoul Southern District Court’s Deposit No. 2593 from the Republic of Korea (the Seoul Western District Court’s deposit officer), the distribution procedure was served on KRW 10,196,305,200,300,2015,297.

arrow