(영문) 광주지방법원 2015.10.23 2015나4937 | 리걸엔진

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(영문) 광주지방법원 2015.10.23 2015나4937

부당이득금

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

A. On September 1993, the Plaintiff asserted that the Defendant received a total of KRW 19,500,000 from around March 1994 to around March 1994, but did not perform the promise, and that 18,150,000 won was unjustly earned, and on October 15, 2004, filed an application for payment order against the Defendant with the Gwangju District Court Decision 2004Da32251, supra, seeking payment order against the Defendant and delay damages therefor.

B. On October 19, 2004, the above court issued a payment order stating that "the defendant shall pay to the plaintiff 18,150,000 won and 20% interest per annum from the day after the original copy of the payment order was served to the day of complete payment (hereinafter "the payment order in this case"). The above payment order was served on the defendant on November 3, 2004, and it was finalized on November 18, 2004.

C. The Plaintiff filed the instant lawsuit to discontinue the interruption of extinctive prescription of the claim based on the instant payment order (hereinafter “instant claim”).

[Ground of recognition] The facts without dispute, Gap evidence No. 1, and the facts of the above recognition as to the ground of claim purport of the whole pleadings, barring special circumstances, the defendant is obligated to pay to the plaintiff 18,150,000 won and damages for delay calculated at the rate of 20% per annum from November 4, 2004 to the day of complete payment, which is the day following the delivery of the original copy of the instant payment order.

3. Judgment on the defendant's defense of exemption from liability

A. The defendant's assertion that the defendant was granted immunity in bankruptcy proceedings, and the defendant did not enter the creditor list in bad faith even if the plaintiff was omitted in the creditor list, and thus, the claim of this case also has the effect of immunity.

As the plaintiff did not enter the plaintiff's claim in the list of creditors in bad faith, the plaintiff's claim of this case is liable for the decision of exemption.

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