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(영문) 수원지방법원성남지원 2019.11.13 2019가단203513
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,287,272 as well as 12% per annum from March 8, 2019 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant has against the Plaintiff one promissory note in the amount of KRW 500 million as the No. 320 of the certificate of November 14, 2013, 2013, signed by a notary public with respect to the Plaintiff.

(hereinafter referred to as “instant promissory note Notarial Deed”) B.

On February 20, 2018, the Plaintiff filed a lawsuit of demurrer against the Notarial Deed of Promissory Notes with the court 2018Gahap288, and on February 20, 2018, the Plaintiff received a decision of suspending compulsory execution (this Court 2018Kahap27) (this Court 2018Kahap288), that “The compulsory execution based on the Notarial Deed of Promissory Notes with the condition that the Plaintiff deposit KRW 33,527,840 as security, shall be suspended until the pronouncement of judgment in the instant case.”

C. On June 11, 2018, the Defendant, despite being served with the ruling to suspend the above compulsory execution on February 26, 2018, received a seizure and collection order of the Plaintiff’s deposit account claim against D, etc. based on the original copy of the instant promissory note No. 2018TT on June 11, 2018, and collected KRW 41,287,272 from D on June 15, 2018.

The court of the instant claim objection case determined that the loan claim, which is the underlying claim of the instant promissory note No. 2019Da26458, was entirely extinguished due to the Plaintiff’s repayment and exemption of obligation according to the Plaintiff’s rehabilitation plan, and rendered a judgment denying the Defendant’s compulsory execution based on the instant promissory note No. 2018Kadan277, and now, the instant case is still pending in the final appeal as Supreme Court

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant’s collection of the Plaintiff’s deposit claim against D with the title of execution of the instant promissory note, the compulsory execution of which should not be permitted, acquired benefits without any legal grounds.

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