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1. Compulsory execution against the Defendant’s Plaintiff by the Incheon District Court on November 17, 2014 pursuant to the conciliation protocol.
Reasons
In full view of the evidence Nos. 1 through 13 (including paper numbers), and the whole purport of the pleadings as a result of the fact inquiry conducted by this court against A, it can be recognized as the same facts as the attached Form No. 1.
The defendant asserts that it is not a corporate account of the corporation B, but a representative director C's personal account, so it is not effective as repayment for the corporation B.
This assertion deniess the above fact-finding, but there is no reflective evidence of the defendant following the fact-finding.
A No. 3 (Deposit Card of February 13, 2015) is the official seal of the B representative director of the Bank of Korea.
The defendant's assertion is that because creditors such as D and D are provisionally seized their claims against the plaintiff, the plaintiff's repayment is contrary to the effect of provisional seizure.
However, there is no evidence by the defendant, and the above argument is without merit.
Therefore, since the Plaintiff’s debt pursuant to the mediation protocol as of November 17, 2014, 2014, 2014 money 19865, was fully paid on February 13, 2015, the enforcement of the above mediation protocol should be denied.
In addition, since the Defendant collected 2,715,722 on December 22, 2015 has no legal ground, the Defendant is obligated to pay to the Plaintiff the amount of unjust enrichment 2,715,72 won and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from January 19, 2016 to the day of full payment, following the delivery of a copy of the complaint in this case.
The plaintiff's claim is accepted and the decision is rendered in favor of the plaintiff.