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(영문) 서울고등법원 2015.12.18 2015나2001497
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The facts below the basic facts are either in dispute between the parties, or acknowledged based on Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, and 3 (including serial numbers), and each fact inquiry with respect to the future PET branch Co., Ltd. of the court of the first instance as a whole, with the overall purport of the pleadings.

[1] On March 16, 2010, the Plaintiff filed a lawsuit with the Seoul Central District Court 2010Kahap25952 against the trial line, and sought payment of KRW 499,795,400 and damages for delay.

On December 2, 2010, the decision of December 2, 2010, “The KCAB shall pay to the Plaintiff the amount of KRW 499,795,400 and KRW 335,235,750 among them, the amount of KRW 147,089,90 calculated at the rate of KRW 1.2% per month from November 1, 2010 to December 2, 2010, and the above amount of KRW 49,795,40 shall be paid to the Plaintiff at the rate of KRW 20% per annum from December 3, 2010 to the day of full payment.” This decision became final and conclusive at that time.

[2] As of March 31, 2011, the Plaintiff was delinquent in national taxes of KRW 542,665,010 against the Defendant.

On December 15, 2010, the defendant attached the judgment amount claim against the plaintiff on December 15, 2010 based on the above national tax claim against the plaintiff.

On March 31, 2011, the Defendant filed a lawsuit against the Plaintiff on behalf of the Plaintiff on March 31, 201, with the Seoul Central District Court 201Kahap30432, and sought the payment of the seized bond amount.

피고는 위 소송의 채권보전을 위하여 2011. 3. 31. 서울중앙지방법원 2011카단1722호로 ㈜시선의 주식회사 웅진패스원(이하 ‘㈜웅진패스원’이라 한다) 등에 대한 임대료 채권의 가압류를 신청하여 2011. 4. 27. 그 가압류결정을 받았다.

On August 19, 2011, the judgment of the court below that "the Co., Ltd. shall pay to the defendant the interest rate of KRW 542,665,010 and the interest rate of KRW 20% per annum from May 25, 2011 to the date of full payment" is delivered.

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