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(영문) 광주지방법원 2018.04.19 2017가합58255
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. On 23, 2004, the payment order for the plaintiff of Gwangju Bank was finalized 1) Gwangju Bank Co., Ltd. (hereinafter "Gwanju Bank")

C) A Co., Ltd. (hereinafter “C”)

(2) On April 21, 2014, the Gwangju District Court jointly and severally issued the payment order to the Gwangju Bank and the Plaintiff, a joint and several surety, who did not repay the corporate general funds, etc. (C and the Plaintiff filed an application for the payment order. (C) On June 21, 2014, “C and the Plaintiff jointly and severally paid the amount of KRW 149,345,367 and delay damages therefrom,” and the said payment order was finalized on June 23, 2004 (hereinafter “the instant payment order”) and confirmed on June 23, 2004 (hereinafter “the instant claim”).

On May 28, 2010, the Gwangju Bank transferred the instant claim to AV loan to the Bank of Gwangju, on May 28, 2010, to the Bank of Gwangju, the claim in this case.

C. On October 20, 2011, the Plaintiff filed a lawsuit against the Defendant to return the loan to the Defendant on October 20, 2009, upon which the Plaintiff’s judgment against the Defendant became final and conclusive.

On January 13, 2011, the Gwangju High Court rendered a judgment that “the Defendant shall pay the Plaintiff KRW 514,913,000 and damages for delay.”

(2010Na1080). The above judgment was finalized on April 28, 2011 (hereinafter “the judgment of this case”) (hereinafter “the judgment of this case”), and the claims the plaintiff acquired to the defendant under the judgment of this case (hereinafter “the claim of this case”). D.

On 07 March 201, 201, D received the Defendant’s order from the Defendant, and the Defendant became aware of the existence of the instant claim in the course of proceeding the said lawsuit.

The Defendant directed D to purchase the instant claim.

Accordingly, D received the instant claim from Astreg Loans on March 7, 2011, and on March 11, 2011, the Gwangju District Court succeeded to the instant payment order.

(e).

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