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(영문) 서울중앙지방법원 2015.08.12 2014가합566826
청구이의
Text

1. Compulsory execution against the Defendants’ Plaintiff based on the Seoul High Court Decision 2012Na22497 Decided October 12, 2012.

Reasons

1. Basic facts

A. The subject case of the instant claim objection 1) was changed from D (the trade name was changed from D to “stock company E” and “F” to “stock company E” and changed to D again.

hereinafter referred to as “D”

(2) On September 8, 2010, the Seoul High Court filed a lawsuit against the Plaintiff on August 14, 2008 against D seeking refund of KRW 1.136 million paid in the name of the transfer price of G shares, etc. from D, and lost in the first instance trial (Seoul Central District Court Decision 2010Da92372 decided January 13, 2012), and appealed against D. The Seoul High Court revoked the above first instance judgment on October 12, 2012, and “the Plaintiff was 1,136,000,000 won and its repayment amount were 20% per annum from August 14, 2008 to September 20, 2010 to 2010, the Seoul High Court rendered a final judgment of 201Da21421 decided September 21, 2012 to 20% per annum 201, respectively, and the Seoul High Court rendered a final judgment of 2010Da212109 decided.21.21.

(hereinafter the above judgment of the second instance is "the subject judgment of the objection of this case". B.

(1) On November 16, 2012, Defendant B received an assignment order (the assignment order was issued for the claim seizure and collection order as the Daejeon District Court Decision No. 2012, 7904, and the Daejeon District Court Decision No. 2008, 20136, Nov. 21, 2012) against KRW 1,136,00,000 among the claim for return of unjust enrichment against the Plaintiff of the instant claim based on the judgment on the instant claim objection. The said assignment order was served on the Plaintiff, the garnishee, the debtor, and on December 13, 2012, and became final and conclusive on December 21, 2012; Defendant B obtained the instant claim for restitution of unjust enrichment from Plaintiff D’s successor on January 22, 2013.

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