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(영문) 서울중앙지방법원 2017.02.09 2015가단5365684
부당이득금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 24, 2013, the Plaintiff entered into a guarantee insurance contract for livelihood security funds (hereinafter “instant guarantee insurance contract”) with the Korea Teachers’ Credit Union, the Korea Teachers’ Credit Union, the Korea Teachers’ Credit Union, the Korea Teachers’ Credit Union, and the Korea Teachers’ Credit Union determined KRW 51,448,200 as the insurance amount.

B. B failed to repay the above loans, the Plaintiff paid KRW 51,35,340 to the Korean Teachers’ Credit Union in accordance with the instant guarantee insurance contract on January 29, 2014.

C. The Plaintiff filed an application with the Seoul Central District Court No. 2015 tea41467 against B for a payment order.

On March 5, 2015, “B” issued a payment order to the effect that “B shall pay to the Plaintiff 52,368,370 won and 51,35,340 won, 15% per annum from April 30, 2014 to March 16, 2015, and 20% per annum from the next day to the date of full payment.” The above payment order was finalized on March 31, 2015.

On April 15, 2015, the Plaintiff received the attachment and collection order (the claimed amount of KRW 59,928,025) from the Seoul Central District Court 2015TTT to the third debtor with regard to the wage claim against the male private teaching institute for the school juristic person B (hereinafter “the male private teaching institute”). On April 20, 2015, the said collection order was served on the male private teaching institute on April 20, 2015.

E. Meanwhile, the Defendant filed a payment order against B and B (B) as the Dasan District Court 2014 tea1305 against the Dasan District Court 201305.

On November 21, 2014, the payment order was issued to the effect that “B and C shall jointly and severally pay to the Defendant the amount of KRW 149,400,000 and the amount calculated at the rate of 20% per annum from November 26, 2014 to the date of full payment,” and the above payment order was finalized on December 10, 2014.

F. On January 16, 2015, the Defendant issued a collection order for the seizure and collection of the claim for benefits against a male private teaching institute under B as the garnishee of the male private teaching institute. The Defendant received the seizure and collection order for the claim under the Jeonju District Court’s Military Accounting Support 2015TT321.

On the other hand, the defendant on February 16, 2015.

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