logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.11.08 2017가합34967
추심금
Text

1. Defendant Thai-si Co., Ltd.: 423,486,319 won to Plaintiff A, 267,790,879 won to Plaintiff B, and 170 won to Plaintiff C.

Reasons

1. Facts of recognition;

A. On September 3, 2015, the Intervenor’s Intervenor’s Intervenor’s Intervenor’s loan claim (hereinafter “ Intervenor”) lent KRW 6,584,017,060 (hereinafter “loan 1”) to Defendant Taedinnnn, and KRW 6,234,413,597 (hereinafter “Loan 2”) at Defendant Pampnnnn, without setting the respective repayment period.

B. In order to preserve the claim of KRW 1,440,145,156 (specific details are as indicated below), the Plaintiffs received the provisional execution order for the case of unjust enrichment 2016Gahap36966 from March 9, 2017, the Defendant issued the first loan claim 6,584,017,145,156 (the amount of the claim to be seized by the Plaintiff shall be the amount corresponding to the amount indicated in the column of “unlawful enrichment” as indicated below) against the Intervenor, which the Intervenor had against the Defendant Taedon F&C as the provisional execution order for the case of unjust enrichment 2016Gahap366, March 9, 2017. The above collection order was served on March 14, 2017 at the time of completing the collection order (hereinafter “instant collection order”).

[Attachment 1] Serial Plaintiff 1: (a) the principal amount of unjust enrichment and delay delay damages amounting to KRW 407,57,00,929,319, 423,486,319 2 B B 257,718,500,072,379 10,072,379 4-1, but it is obvious that it is an error in calculation.

267,790,879 3 C 164,145,500 6,415,608 170,561,036,00 14,501,500 385,537,900 5 E 185,518,000 7,250,250,950 4-1, but it is obvious that it is an error in calculation.

192,768,950 total 1,385,975,00 54,170,156 1,440,145, and156 “Arrears damages” refers to the damages for delay from October 21, 2016 to March 2, 2017, which are the date of application for a collection order.

The Plaintiffs were entitled to KRW 1,385,975,00 in total with respect to the Intervenor (specific details are as indicated in the “principal” stated in Table 1 above) to preserve the Intervenor’s claim for return of unjust enrichment on October 17, 2016.

arrow