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(영문) 서울중앙지방법원 2016.11.28 2016가단5094941
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 5, 2014, the Plaintiff filed an application for individual rehabilitation with the Seoul Central District Court 2014da19274, and filed an application for an injunction against the Defendants, the creditor. On February 5, 2014, the said court issued an order of prohibition on the provisional seizure against corporeal movables owned by the Plaintiff on the basis of individual rehabilitation claims and against the Plaintiff’s monthly pay, allowance, bonus, and other nominal wages and retirement allowances (hereinafter “instant injunction”). On February 17, 2014, the instant injunction was served on the Defendant Korean Bank (hereinafter “Defendant Bank”), to the Defendant C on February 14, 2014, and to the Defendant B on September 1, 2014, respectively.

B. The Plaintiff was decided to commence individual rehabilitation procedures on January 6, 2015, and was decided to authorize the repayment plan on September 3, 2015.

C. (1) Defendant B applied for a seizure and collection order as Seoul Northern District Court 2012TTT438 with respect to the Plaintiff’s claim, such as the wage, etc. against the Republic of Korea, and received the seizure and collection order on March 16, 2012. The said order was served to the Republic of Korea around that time.

(2) Defendant C requested the Seoul Northern District Court 2013TTT 6171 to order the seizure and collection of the claim against the Plaintiff’s wage, etc. against the Republic of Korea, and received the relevant claim seizure and collection order on April 19, 2013, and served the said order to the Republic of Korea around that time.

(3) On November 29, 2013, Defendant Woori Bank filed an application for provisional seizure of claims with the Seoul Central District Court No. 2013Kadan72070 against the Plaintiff’s claim such as the remuneration owed to the Republic of Korea and served the said decision to the Republic of Korea around that time.

On February 5, 2014, Korea has seized and provisionally seized claims of creditors, including the defendants, in accordance with Article 248(1) of the Civil Execution Act.

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