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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 100,086,053 as well as to the plaintiff on April 2014.
Reasons
1. Under the main sentence of Article 420 of the Civil Procedure Act, the corresponding part of the grounds of the judgment of the first instance (from 7: 7: 8: 1: 1: 1: 2) shall be quoted in this part of the basic facts.
2. Judgment as to the main claim
A. The assignment order of the Plaintiff’s assertion is invalid since it was served on the Defendant, who is the debtor, after the general prohibition order issued at the time the application was filed for the commencement of the rehabilitation procedure, and accordingly, the registration of partial transfer of each of the instant collective security rights that was completed in the future of the Defendant is also null and void. As such, the Defendant’s receipt of KRW 100,086,053, and KRW 700,000,000,053, which is null and void as above, from E, is unjust enrichment without any legal ground.
Therefore, the Defendant is obligated to pay to the Plaintiff the sum of the above KRW 100,086,053 and KRW 913,947 (the amount the Plaintiff seeks as a partial claim out of the above KRW 700,000) with the return of unjust enrichment, and the delay damages therefrom.
B. 1) Determination 1) Where the attachment and assignment order of a monetary claim is legally issued in the execution procedure, and the period of an immediate appeal has expired for one week, or an immediate appeal is filed, and the appeal is dismissed or the decision to dismiss is confirmed, the effect of the repayment on the execution claim is generated, and the compulsory execution procedure is terminated at that time.
(2) Article 45(1) and (3) and Article 46(2) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) provides that “The court shall, upon receiving an application for commencement of rehabilitation procedures, order discontinuation under Article 44(1) of the Debtor Rehabilitation and Bankruptcy Act (see, e.g., Supreme Court Decision 96Da37176, Nov. 22, 1996).”