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(영문) 청주지방법원 2019.04.18 2018나1392
부당이득금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

As of December 30, 2016 between the Plaintiff and the Defendant, a written application for approval of assignment of claims, a certificate of assignment of claims, and a contract for assignment of claims (including a serial number; hereinafter the same shall apply) that transfer KRW 30,000,000 to the Defendant among claims regarding the establishment of a business operation report against the Plaintiff’s Republic of Korea (the jurisdiction of the Republic of Korea) as of December 30, 2016 (hereinafter “claims against the Plaintiff’s Republic of Korea”).

2) The instant claim assignment certificate, etc. was prepared (hereinafter “instant claim assignment certificate, etc.”)

On December 30, 2016, the Defendant transferred KRW 15,000,00 to the Plaintiff on December 30, 2016.

On January 12, 2017, the Plaintiff remitted KRW 30,000,00 to D.

As of January 25, 2017, between the Plaintiff and the Defendant, an application for approval of assignment of claims, a certificate of assignment of claims, and a contract for assignment of claims (Evidence A 3; hereinafter “certificate of assignment of claims, etc.”) with the purport of transferring KRW 15,00,000 among the Plaintiff’s claims against the Republic of Korea was prepared.

On June 2017, the Defendant applied for provisional seizure of claims against the creditor, the debtor, the plaintiff, the third debtor, the Republic of Korea, and the claim amount of 15,000,000, and received a ruling of provisional seizure of claims on June 15, 2017. On October 23, 2017, the Defendant issued a ruling of provisional seizure of claims on June 15, 2017. On October 23, 2017, the instant court issued a provisional seizure of KRW 2017TT6839, which transferred the provisional seizure of KRW 15,00,000 to the original seizure and collection order (hereinafter referred to as “the instant seizure and collection order”).

(1) On December 7, 2017, the Defendant received part of KRW 15,00,00 from the Republic of Korea around December 3, 2017, and withdrawn the instant seizure and collection order on December 7, 2017. [Attachment E, which is the Plaintiff’s actual operator of the Plaintiff’s assertion as to the ground for claim as to the overall purport of the Plaintiff’s argument for the evidence Nos. 1 through 4, and the entire purport of the argument No. 1, 200,000 from the Defendant to borrow KRW 30,00,000 from the Defendant on December 30, 2016. As a security, the Defendant issued the first assignment certificate, etc. of the instant claim to the Defendant.

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