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(영문) 서울중앙지방법원 2018.01.18 2016가단5243330
부당이득금
Text

1. The Defendant’s KRW 27,185,450 as well as the Plaintiff’s annual rate of KRW 5% from April 29, 2016 to October 31, 2016.

Reasons

1. Basic facts

A. On February 7, 2016, Nonparty C, the current representative director of the Plaintiff, was appointed as the representative director of the Plaintiff. Before that, Nonparty D, the wife of Nonparty C, was in office as the representative director. On May 15, 2015, C borrowed total of KRW 100 million from the Defendant with the Plaintiff’s operating funds, and C drafted a loan certificate (hereinafter “the loan certificate of this case”) with the content that the said D jointly and severally and severally guaranteed the above loan obligations of Nonparty C (hereinafter “instant loan obligations”).

B. On January 19, 2016, the Defendant filed a payment order (hereinafter “instant payment order”) against the Plaintiff (joint guarantor), C (principal debtor), and D (joint guarantor) by using the instant loan claim amounting to KRW 100 million as the claim amount. On February 19, 2016, the payment order was issued on February 19, 2016, and the debtor of the instant payment order (Plaintiff, C, and D) filed an objection on March 9, 2016. The Plaintiff’s objection was dismissed, but the Plaintiff’s application for payment order against C, D was submitted for each legal procedure.

(C) Sungnam District Court 2016Kadan6841).

When the above payment order against the Plaintiff became final and conclusive on March 9, 2016, on March 29, 2016, the Defendant received a seizure and collection order (hereinafter “the instant collection order”) against the Plaintiff’s deposit claim and the Plaintiff’s claim for the purchase price of goods against the non-party Cheong forest Industry Co., Ltd. (hereinafter “non-party Y”) (hereinafter “the instant claim for purchase price of goods”), etc. on March 29, 2016. As a result, on April 29, 2016, the Defendant issued a seizure and collection order (hereinafter “the instant collection order”).

On the other hand, C shall be deposited by the Defendant on April 22, 2016, and deposit cause shall be as follows: “The Defendant shall pay the remaining debt of the instant loan (as of April 30, 2016) 93,801,993 won to the Defendant, but the Defendant shall refuse to accept it and deposit for repayment.”

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