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(영문) 서울남부지방법원 2016.01.21 2015가단225572
부당이득금
Text

1. The Defendant’s KRW 103,58,958 as well as the Plaintiff’s annual rate from May 14, 2015 to November 6, 2015.

Reasons

1. The Defendant, in fact, supplied fireworks from December 30, 2002 to E, who operated the “D cafeteria” in 105 of the Gangnam-gu Seoul Metropolitan Building 105.

B. From April 20, 2006 to February 26, 2011, the Plaintiff lent KRW 320,250,000 to E, and on June 22, 2011, transferred the business registration name of the said restaurant from E to F in order to obtain the said loan claim.

C. Even after the change in the name of the restaurant and the name of the business operator registered as above, the Plaintiff continuously supplied the above restaurant to the above restaurant. As the Plaintiff and E did not receive the outstanding amount from E, the Plaintiff filed a lawsuit against the Plaintiff and E claiming for the price of goods, etc. as the Seoul Southern District Court 2014Gahap8999, and the above court rendered a judgment on December 11, 2014 that “the Plaintiff jointly and severally with the Defendant for KRW 94,227,000 and the amount calculated at the rate of 6% per annum from June 20 to August 1, 2014, and 200 per annum from the following day to the date of full payment” (hereinafter “instant judgment of the first instance”).

On May 15, 2015, the Seoul High Court, the appellate court, rendered a judgment against the defendant that "the part against the plaintiff in the judgment of the court of first instance is revoked, and that corresponding defendant's claim (the preliminary claim is dismissed) is dismissed," and the judgment was dismissed and finalized by the Supreme Court on September 10, 2015.

E. Meanwhile, according to the sentence of provisional execution of the judgment of the court of first instance of this case, the Defendant filed an application for the seizure and collection order of the Plaintiff, the garnishee, the third debtor, the new card company, the KNF National Card company, the Samsung Card Co., Ltd., the Samsung Card Co., Ltd., the Hyundai Card Co., Ltd., and the Hyundai Card Co., Ltd., and the above court issued the seizure and collection order of the claim on January 15, 2015 and the order became final and conclusive.

F. In accordance with the above order of seizure and collection, the defendant on April 2015.

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