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(영문) 서울중앙지방법원 2017.05.16 2015가단5343202
부당이득금
Text

1. The Plaintiff, and Defendant A, from April 16, 2017, to April 16, 2017, and Defendant B, to KRW 12,363,728.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C is a company running non-life insurance business such as guarantee insurance, etc., and 1) Seoul Central District Court 2007 Ghana 233311, and filed a lawsuit of claim for indemnity on October 26, 2007, and on November 26, 2007, the court issued a decision of performance recommendation with the purport that “foreign C shall pay 19% per annum from November 25, 2006 to November 12, 2007, and 20% per annum from the next day to the day of complete payment.” The above decision was finalized on November 27, 2007, and 2) the Seoul Central District Court 2008 Ghana 2103920, and 30% per annum from the above court 2099 to the date of complete payment.” The above decision was finalized on July 26, 2008 to the date of final payment of KRW 3009,396.98.

3) Based on each of the above recommendations made by the Plaintiff, the Plaintiff is entitled to claim as indicated in the attached list to C in the Seoul Central District Court No. 2008TT 2069, 2009TT 28942 (hereinafter “C benefit claim”).

(B) The Plaintiff’s claim against C as of March 8, 2017 remains in KRW 17,704,760. (B) The Defendant A issued to the Defendant A a promissory note with a face value of KRW 40,000 on November 17, 2008, and the said promissory note with a notary office’s Diplomatic Office No. 863 (No. 2, 2008; hereinafter “No. 1’s No. 2”) as of November 17, 2008, prepared and executed a notarial deed under Article 864 of the D Office’s No. 863 (No. 2, 2008) as to the said promissory note with a face value of KRW 50,000 on the same day, and prepared a notarial deed under Article 864 of the D Office’s No. 208 (No. 3, 2008) as to the said promissory note.

2. Defendant A shall on December 22, 2008.

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