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(영문) 서울중앙지방법원 2016.06.01 2016나12730
부당이득금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

1. Basic facts

A. On November 21, 2002 and January 27, 2004, the Plaintiff jointly and severally guaranteed that B, a stock company B, the representative director of which, in relation to the receipt of loans and bill discount from a new mutual savings bank (the former mutual savings bank, the latter mutual savings bank).

(A) In accordance with this, the new Savings Bank held against the Plaintiff by the new Savings Bank. (b)

On August 31, 2009, the Plaintiff filed an application for immunity and adjudication of bankruptcy with Seoul Central District Court No. 22959 and 2009Hadan22959 on August 31, 2009. The above court was declared bankrupt and was granted immunity on November 26, 2010, but did not enter related claims in the list of creditors.

C. On December 2, 2011, the CSP loan Co., Ltd. acquired related bonds in succession, and received a payment order with the Gwangju District Court Decision 201Hu14859, which ordered the payment of related bonds against the Plaintiff (hereinafter “relevant payment order”), and the relevant payment order was finalized around that time.

On June 18, 2014, the Defendant, as a successor to the Ss. S. S. Asset Management Loan Co., Ltd., obtained an execution clause on the succession of the relevant payment order, and applied for a auction of movable property against the Plaintiff’s property.

(hereinafter referred to as "auction case")

E. On March 26, 2015, the Plaintiff was sentenced to the judgment of the Gwangju District Court 2014Gahap57381, which filed against the Defendant, that “the pertinent claim was exempted from immunity based on the decision on immunity against the Plaintiff, and thus, shall not be subject to compulsory execution based on the relevant payment order” (hereinafter “instant objection”), and the said judgment became final and conclusive around that time.

F. Meanwhile, on March 11, 2015, the Plaintiff’s movable sold KRW 3,800,000 on the date of the auction case, and the Defendant received delivery of KRW 3,438,230, which excludes the execution cost from the proceeds of sale.

The plaintiff and the defendant are 3,800,000 won.

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