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Reasons
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(영문) 대전지방법원 2014.12.17 2014가합5221
가지급금반환
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1. The Defendant’s KRW 192,392,872 as well as 5% per annum from January 9, 2014 to August 14, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On October 11, 201, the Defendant filed a lawsuit against the Plaintiff as Daejeon District Court 201Da11409, Daejeon District Court 2011. On January 24, 2013, the said court rendered a judgment with a declaration of provisional execution (hereinafter “instant judgment”) that “the Plaintiff shall pay to the Defendant 780,000,000 won and 100,000,000 won from June 1, 2009; 680,000,000 won from June 24, 2009 to January 24, 201; and that “the Plaintiff shall pay the Defendant 20% interest calculated at each rate of 5% per annum from the next day to the date of full payment” (hereinafter “instant judgment”).

B. On January 30, 2013, the Defendant filed an application for an auction on the Plaintiff’s real estate owned by the Plaintiff (hereinafter “instant real estate”) with the Daejeon District Court B on January 30, 2013, and received a decision to commence auction from the above court on January 31, 2013. On January 8, 2014, the said court drafted a distribution schedule that distributes KRW 1,038,164,378 out of the amount to be actually distributed to the instant real estate on January 8, 2014, which is the date of distribution, to the Defendant, who is the first-class creditor, and KRW 1,038,164,378, among the amount to be actually distributed to the said real estate on January 8, 2014.

C had an objection to KRW 79,709,040 out of the amount distributed by the Defendant on the same date. Accordingly, the Defendant received KRW 958,455,338 as dividend, excluding the amount of objection, out of KRW 1,069,556,162 on the same day.

C. On the other hand, on February 6, 2013, the Plaintiff lodged an appeal with the Daejeon High Court No. 2013Na1080 on the other hand, and on July 3, 2014, the said court sentenced the judgment of the first instance of this case to the effect that “the Plaintiff shall pay to the Defendant the amount calculated at the rate of 20% per annum from June 1, 2009 to July 3, 2014, with respect to KRW 624,00,000 and KRW 80,000 among them (hereinafter “instant judgment”), 5% per annum from June 24, 2009 to July 3, 2014; and 20% per annum from the next day to the day of full payment” (hereinafter “instant judgment”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 2-6's evidence, purport of whole pleading

2. Determination:

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