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(영문) 부산지방법원동부지원 2019.04.10 2017가합106809
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On December 14, 2016, Plaintiff A received a payment order against F that “the debtor shall pay to the creditor 300,000,000 won and the amount calculated by the rate of 15% per annum from the next day of the delivery of the payment order to the creditor to the day of full payment (Seoul Western District Court 2016j427),” and the above payment order was finalized on January 24, 2017. (2) On February 16, 2015, Plaintiff B prepared a notarial deed confirming that F was liable for the debt of KRW 415,371,950,00 as of the above preparation date (No. 63, 2015 Ganchi).

B. On May 7, 2015, Defendant D prepared a notarial deed (No. 199 of No. 2015, No. 2015, No. 199 of No. 2015, No. 2015) stating that F was loaned KRW 155,00,00 from Defendant D between F and F (hereinafter “claim No. 1”) (hereinafter “instant notarial deed”).

(2) On March 31, 2015, Defendant E drafted a notarial deed (No. 130 of No. 2015 of No. 2015 of No. 2015 of No. 130 of No. 2015 of No. 130 of No. 2015 of No. 2015 of No. 2015 of No. 2015 of No. 2014 of No. 2014 of No. 2015 of No. 2015 of No. 2015 of No. 2014 of No. 2015 of

(hereinafter above, a claim based on each of the above notarial deeds is deemed to be a claim (hereinafter referred to as "claim 2").

1) The Defendant D received the seizure and collection order (U.S. District Court 2016 other bond 11512) as to the F’s claim for payment of deposit funds to the Republic of Korea on November 2, 2016 based on the F’s claim under Article 1. Defendant E received the seizure and collection order (U.S. District Court 2016 other bond 12908) as to the F’s claim for payment of deposit funds to the Republic of Korea on November 23, 2016. 2) The U.S. District Court received the seizure and collection order (U.S. District Court 2016 other bond 12908) as to the F’s claim for payment of deposit funds to the Republic of Korea on June 26, 2017.

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