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(영문) 서울중앙지방법원 2019.02.13 2018가단5008098
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 77,150,460 and the interest rate of KRW 15% per annum from January 25, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant’s claim against C, golf membership attachment and sale order, etc. 1) The Defendant: (a) the amount claimed against C is KRW 237,50,000; and (b) C is the Seoul Central District Court Decision 2013Kadan506 (hereinafter “Nonindicted Company”).

golf membership with respect to 13 golf membership accounts (member E,F, G, H, I, J, K, L, M, N,O, P, Q and hereinafter referred to as “instant golf membership”).

2) On June 20, 2013, the Seoul Central District Court rendered a favorable judgment on February 21, 2013 regarding the provisional attachment order: (a) in the case where the Defendant filed a lawsuit against C on the merits of the said provisional attachment order against C, the Seoul Central District Court rendered a favorable judgment on June 20, 2013 that “C shall pay to each of the non-party companies and the Defendant the amount of KRW 237,50,000 and the amount of money calculated at the rate of 20% per annum from January 23, 2013 to the date of full payment,” and the said judgment became final and conclusive around that time.

3) According to the aforementioned final judgment, the Defendant applied for the seizure of golf membership membership rights to which the said provisional seizure was transferred to Seoul Central District Court 2013TTT25718, and on August 13, 2013, issued an order of seizure stating that the said provisional seizure part KRW 237,50,00 with respect to the instant golf membership 13 districts shall be transferred to the principal seizure and that the said additional KRW 25,767,123 shall be seized, and the above seizure order was served on the non-party company around that time. After that, the Defendant was served on the non-party company on March 14, 2014 pursuant to the above seizure order, issued a sale order (sale following the procedure for the sale of corporeal movables) in lieu of the collection of the said golf membership rights (hereinafter referred to as “R”), and the above sale order was served on the non-party company on March 15, 2014.

(1) On December 29, 2006, Nonparty Company borrowed 25 billion won from S Co., Ltd., and C et al. jointly and severally guaranteed the debt of Nonparty Company. The principal debtor, the Nonparty Company, delayed the payment of the principal and interest of the loan, thereby resulting in the balance of the principal amount of KRW 21 billion.

S shall be held on 2010.

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