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(영문) 인천지방법원 2017.11.09 2016가단254992
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,557,223 and the interest rate of KRW 15% per annum from December 28, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is a credit union with the purpose of credit business, such as lending to its members, and the plaintiff B and the defendant are remaining.

B. On August 21, 2012, the Plaintiff filed an application with the Seoul Eastern District Court for provisional attachment of the claim amounting to KRW 119,075,867 with the Seoul Eastern District Court 2012Kadan743, and received a decision of acceptance from the said court on August 31, 2012.

C. On February 27, 2013, the Defendant applied for a payment order against B as Seoul Eastern District Court 2013 tea1559, and on March 8, 2013, the said court issued a payment order (hereinafter “instant payment order”) to the Defendant that “B shall pay KRW 350,000,000 to the Defendant and its delayed damages,” and the said payment order was finalized on April 4, 2013.

Upon the instant payment order, the Defendant applied for the attachment and assignment order of the claim against B as Seoul Eastern District Court 2013TTT5988 with respect to the benefit claim against B, and the said court accepted the above application on April 16, 2013, and the said decision became final and conclusive on May 17, 2013.

E. C based on the executory exemplification of No. 996 of the D Office No. 2012, C filed an application with the Seoul Eastern District Court for the attachment and assignment order of claims against B with respect to wage claims against Seoul Special Metropolitan City as Seoul Eastern District Court 2013TT793, and received the said application from the said court on May 15, 2013.

F. In the distribution procedure E in Seoul Eastern District Court (hereinafter “instant distribution procedure”), the said court rendered a provisional seizure on KRW 48,491,758 of the wage claim against the Seoul Special Metropolitan City on November 25, 2014, KRW 3,228,589 (the dividend rate of KRW 6.658%) to the Plaintiff who is the provisional seizure authority (the provisional seizure authority) and said C.

27,853,729 won (e.g., dividend ratio 57.44%) to the defendant taking part in the distribution based on the claim attachment and assignment order stated in the paragraph, and the above D.

The distribution shall be made in accordance with the order of seizure and assignment as stated in the paragraph.

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