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(영문) 서울서부지방법원 2016.12.16 2016나30023
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On September 7, 2012, the Defendant filed a lawsuit seeking damages against the Plaintiff for tort, such as “the Plaintiff’s failure to reinstate the Defendant despite the judgment on invalidation and invalidation,” thereby paying damages for delay calculated at 20% per annum from the date following the relevant payment date to the date of the relevant payment date, as to the monthly wage difference of KRW 185,61,862 among the Plaintiff and each of the monthly wage specified in attached Form 1 among the Plaintiff, the Defendant was sentenced to a judgment on September 7, 2012, as to the amount of monthly wage difference of KRW 153,212,496 from the date following the relevant payment date, from June 15, 2009 to September 7, 2012, and from the following day to the date of full payment. The Defendant is sentenced to a provisional execution.

B. On November 13, 2012, the Defendant received KRW 229,448,559, the claimed amount based on the original copy of the judgment of the court of first instance on November 13, 2012, and received KRW 229,448,559, the Plaintiff, the garnishee, the third obligor, and the Seoul Central District Court as the deposit claim of the claim to be attached, and received KRW 229,48,559, from the Hong Kong Cargo Bank on November 16, 2012.

C. After the judgment of the first instance was revoked in the appellate court (Seoul High Court 2012Na85047), the said lawsuit for damages was remanded to the Supreme Court (Supreme Court 2013Da69385) on August 27, 2014 (Seoul High Court 2014Na7911) and the judgment of the court of final appeal (Seoul High Court 2014Na791), with respect to the difference in the monthly wages of KRW 60,722 retirement allowance of KRW 123,212,49 and KRW 60,722, and KRW 123,212,496 as well as the difference in the amount of monthly wages of KRW 123,212,496 as well as the amount of monthly wages of KRW 123,212,496 as well as KRW 60 per annum from the day following the date of each corresponding payment, until August 27, 2014.

On January 29, 2015, the Supreme Court of Korea (2014Da66505) ruled that the appeal was dismissed and became final and conclusive as it is.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 8 evidence, purport of the whole pleadings

2. Determination

A. The above facts of recognition are examined.

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