1. The Defendant shall pay to the Plaintiff KRW 24,141,120 and the interest rate of KRW 15% per annum from October 13, 2015 to the date of full payment.

1. Basic facts

A. The defendant (the trade name at the time was the "Corporation Reorganization Finance Corporation", and on November 10, 2009, changed to the "Company K&C", the defendant filed a lawsuit against the plaintiff for the claim for the amount of takeover amount against the Daegu District Court 2006Gau54140, and rendered a favorable judgment on April 18, 2006 (hereinafter "the judgment of this case"), and became final and conclusive on May 17, 2006.

B. On October 22, 2008, the Plaintiff was declared bankrupt by Seoul Central District Court Decision 2008Hadan17482, and the decision became final and conclusive on November 8, 2008 upon receiving a decision to grant immunity (hereinafter “the decision to grant immunity”) from the same court.

C. On June 10, 2015, the Defendant collected KRW 24,141,120 of the Plaintiff’s deposit claim against the Defendant’s National Bank of Korea (hereinafter “the instant collection order”) on June 19, 2015, upon receipt of the Seoul Northern District Court’s order of seizure and collection (hereinafter “instant collection order”) with its executive title.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Determination

A. According to the main sentence of Article 566 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), an obligor who has been exempted from liability is wholly exempt from the liability for all obligations owed to any bankruptcy creditor. A obligee cannot perform compulsory execution even if he/she holds an executive title to the exempted claim, and where compulsory execution is conducted, he/she may file a lawsuit against the obligor through a lawsuit of objection (see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013). In cases where compulsory execution is completed, the obligor may seek a return of unjust enrichment.

According to the facts based on the facts, the defendant received KRW 24,141,120 out of the judgment amount claim of this case through compulsory execution based on the collection order of this case, even though the judgment amount claim of this case was exempted from the immunity decision of this case. In light of the above legal principles, the above amount received by the defendant constitutes unjust enrichment, and thus, the defendant constitutes the above amount of KRW 24,141,120 and the plaintiff.