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Reasons
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(영문) 서울중앙지방법원 2017.11.29 2016가단5223572
부당이득금반환청구의 소
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1. The Plaintiff:

A. Defendant New Capital Co., Ltd.: (a) KRW 18,00,000 and its corresponding amount shall be from November 22, 2013.

Reasons

1. Facts of recognition;

A. On November 25, 2009, the Plaintiff leased the lease deposit amount of KRW 30,000,000 (hereinafter “the lease deposit of this case”), and the lease term of December 14, 201, to C by setting the lease deposit period of KRW 30,000,000 (hereinafter “the lease deposit of this case”).

B. Transfer of the right to return the lease deposit of this case 1) Defendant New Capital Loans Co., Ltd. (hereinafter “Defendant New Capital Loans”).

On July 30, 2010, when lending KRW 10,000 to C, the period of repayment was 24 months from the date of the first loan, interest was 3% for three months from the date of the first loan, and 4% from that thereafter. In order to secure a future claim, including a loan claim amounting to KRW 10,000,000, Defendant New Capital acquired the claim for the return of the lease deposit of this case from C to the Plaintiff. (2) Defendant New Capital was delegated with the authority to notify the above assignment of claim, and notified the Plaintiff that the claim for the return of the lease deposit of this case was transferred to Defendant New Capital, and the above assignment notification reached the Plaintiff on August 2, 2010.

3) Since then, Defendant New Capital loaned KRW 2,00,000 to Defendant C on September 29, 2010, and KRW 2,000,000 on November 1, 2010. (c) Defendant B, as the creditor of Defendant C, was issued an order for seizure and assignment of the claim for the refund of the lease deposit of this case as the Incheon District Court Decision 201TTT27730 on August 5, 201. The assignment order was served on the Plaintiff on August 9, 2011, and became final and conclusive on August 30, 2011.

2) After that, Defendant B filed an application with the Plaintiff for a payment order seeking payment of KRW 30,00,000 with the Incheon District Court Decision 201j17611, and the said payment order was served on the Plaintiff on December 28, 201 and finalized on January 12, 2012 (hereinafter “instant payment order”).

(D) Auction and distribution procedure of the real estate of this case 1) Defendant B is the case.

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