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(영문) 서울중앙지방법원 2019.04.23 2018가단5230253
부당이득금
Text

1. The Defendant’s KRW 40,000,000 and its related amount are 5% per annum from October 6, 2018 to April 23, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant concluded an insurance contract with the insurance coverage period from January 20, 2016 to January 20, 2031, with the object of the facilities, equipment, and fixtures in the Seocho-gu Seoul Metropolitan Government DD Building underground 1 and 2nd floor operated by the Defendant as well as the facilities, equipment, and fixtures in the said building. On November 2016, 2016, the Plaintiff and the Defendant concluded an insurance contract with the insurance coverage period as the insurance coverage stipulated in the said insurance contract’s special terms and conditions for the liability of the manager of facilities included in the said insurance contract

B. On December 6, 2017, F Co., Ltd. (hereinafter “F”) was issued a provisional attachment order against the Defendant’s Defendant, the third obligor, the Plaintiff, the claim amount of KRW 40,000,000, as Seoul Central District Court Decision 2017Kadan815708, and the Defendant’s order of provisional attachment against the Plaintiff of the amount up to the claim amount, out of the liability insurance for the manager of facilities in relation to the above D building, as the Defendant’s liability insurance amount (hereinafter “instant provisional attachment”). The said provisional attachment order was served on the Plaintiff, the garnishee, on December 11, 2017.

C. F. F. F. On July 16, 2018, the Seoul Central District Court 2018TT 11090

The provisional seizure of the claims mentioned in the Paragraph is transferred to the original seizure, and the provisional seizure and collection order was issued to additionally seize KRW 29,58,178 (hereinafter “instant seizure and collection order”). The decision of the seizure and collection order of the instant claims was served on the Plaintiff, the garnishee, on July 20, 2018.

On January 10, 2018, the Plaintiff paid the Defendant the full amount of KRW 122,100,000 insurance money, which was after the provisional attachment had taken effect. On August 28, 2018, the Plaintiff paid KRW 40,000,000 according to the collection order for the instant claim attachment and collection to F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. After the execution of provisional seizure of claims with respect to the cause of the claim, even if the garnishee has extinguished his/her obligation, such as repayment to the debtor due to the effect of prohibition of disposal, it cannot be set up against the creditor of provisional seizure.

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