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(영문) 서울중앙지방법원 2020.06.25 2019가합513087
부당이득금
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

The Plaintiff Company A (hereinafter “Plaintiff Company”), B, and H filed a lawsuit against the Defendant and her husband E seeking the return of embezzlement amount (2018Gahap104298). On December 6, 2018, the above court rendered a judgment citing the part of “E shall pay to Plaintiff B 79,410,145 won, 93,387,188 won to the Plaintiff Company, Ha 52,815,068 won, and each of them, 5% per annum from April 18, 2017 to December 6, 2018, and 15% per annum from the next day to the day of full payment.” The appellate court rendered a judgment citing the part of “E shall continue to exist in Seoul Eastern District Court 2019Na201808.”

Plaintiff

B The Seoul Eastern District Court (Seoul Eastern District Court 2014Da33742) was awarded a favorable judgment by filing a lawsuit against E for the claim for the repayment of the loan, and on April 22, 2015, the appellate court (Seoul Eastern District Court 2014Na24022) paid KRW 47,50,000 to Plaintiff B in six installments from June 30, 2015 to November 30, 2015, and on one occasion, the payment was made by adding the amount of KRW 75,00,000 and the delay damages calculated annually from the date of payment to the date of full payment.

Plaintiff

C filed a lawsuit against E on January 18, 2018 by filing a claim for the issuance of shares with Seoul Northern District Court 2017Kadan115016, and sentenced that “E shall pay to Plaintiff C 50,000,000 per annum from July 1, 2009 to September 27, 2017, and 15% per annum from the next day to the date of full payment.” Accordingly, E appealed appealed as the court 2018Na31246, but it was finalized around that time.

On March 3, 2015, the defendant purchased the apartment of this case in KRW 560,00,000 and completed the registration of ownership transfer in his/her name on April 17, 2015, and on the same day, the apartment of this case is secured.

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