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(영문) 서울남부지방법원 2017.08.17 2016가합3028
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant filed a lawsuit against the Plaintiff seeking restitution of unjust enrichment, etc. with Seoul Southern District Court 2012Gahap23734, and on September 5, 2014, the judgment that “the Plaintiff shall pay to the Defendant 29,391,500 won, and 6% per annum from September 2, 2010 to September 5, 2014, and 20% per annum from September 2014 to September 5, 2014” (hereinafter “instant judgment”).

(2) On January 21, 2016, the said judgment was rendered final and conclusive on the dismissal of an appeal (Seoul High Court 2015Na10150), May 27, 2016 (Supreme Court 2016Da15877).

B. Defendant’s compulsory execution, etc. 1) On April 29, 2016, based on the instant judgment, the Defendant was issued a seizure and collection order of KRW 26,481,49 against the Plaintiff’s deposit claims in the Bank as Seoul Central District Court 2016TTT7931, Apr. 29, 2016.

B) On June 1, 2016, the Industrial Bank of Korea deposited KRW 26,481,499 as Seoul Western District Court No. 2593, Jun. 1, 2016, the Bank of Korea deposited KRW 26,481,49, and on June 2, 2016, upon receipt of an application for the distribution procedure to B with the Seoul Central District Court, the distribution procedure was commenced. C) After June 2, 2016, the Defendant, the creditor of the Seoul Central District Court, Seoul Southern District Court 2016TTex 2016TT891, “The Defendant was served on June 27, 2016 at the Seoul Western District Court Deposit No. 2593 (the Seoul Western District Court depository) from the Republic of Korea (the Seoul Western District Court depository), the distribution procedure at the Seoul Central District Court B, Seoul Central District Court 2016TTex 12,1295,207.

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