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(영문) 서울서부지방법원 2018.08.29 2018가합32425
부당이득금
Text

1. The Defendant’s KRW 218,561,889 as well as the Plaintiff’s KRW 5% per annum from July 16, 2017 to August 29, 2018, and the following.

Reasons

Facts of recognition

On September 26, 2011, the Sung Savings Bank Co., Ltd. (hereinafter referred to as “stock company”) filed a lawsuit against the deep Korea, etc. in Incheon District Court No. 201Gadan90537, Sept. 26, 2011, claiming a loan. On January 27, 2012, the above court rendered a ruling that the deep Korea et al. shall jointly and severally pay to the Sung Savings Bank KRW 2,207,945,205 and delay damages for KRW 2 billion (hereinafter referred to as “previous loan judgment”). The previous loan judgment became final and conclusive on February 14, 2012.

On April 26, 2012, as Seoul Central District Court 2012. As to the deposit claim (including the first deposit claim to be deposited) held by Korea on the basis of the previous loan judgment by the Seoul Central District Court 2012TB, Korea applied for a collection order of claim amounting to 232,739,720 won against Korea bank. On April 30, 2012, the court issued a seizure and collection order of the personal savings bank (hereinafter “collection and collection order of the personal savings bank”) upon receipt of the application for the personal savings bank, and this was served on the Korean bank on May 3, 2012.

On the other hand, on July 23, 2014, the Plaintiff entered into an agreement on acquisition of assets, including the previous loan judgment claim, from the In-House Savings Bank and the Plaintiff. On May 6, 2015, the former loan execution clause was granted to the Plaintiff.

On July 13, 2015, the defendant applied for the seizure and collection order of the defendant's claim amounting to KRW 47,176,321,235 of the deposit claim (including the deposit claim to be deposited in the future, and the specific contents are as shown in the following 2-A), which the deep Korea has against the bank, etc. by the Seoul Central District Court 2015TTT 201. The defendant applied for the seizure and collection order of the claim amounting to KRW 47,176,321,235. The above court accepted the defendant's application on July 27, 2015, and seized the claim and the collection order.

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