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(영문) 서울북부지방법원 2020.06.03 2019나37128
부당이득금
Text

1. Of the judgment of the court of first instance, the Defendant (Counterclaim Defendant) in the judgment of the first instance amounting to KRW 5,089,751 as to the Plaintiff (Counterclaim Defendant) and its related thereto on December 2, 2017.

Reasons

(c).. c.

In the instant case where normal dividends were distributed, as seen earlier, there were erroneous dividends due to the exclusion of the respective enforcement claims of the Plaintiff and the Defendant from partial dividends in each of the distribution procedures in 2012 through 2017. In a case where normal dividends were made by reflecting the claims erroneously excluded from distribution again, if the details of the amount that the creditors were reasonably paid in each of the distribution procedures were to be specifically calculated by the method specified in attached Table 2(1), the outcome is as shown in attached Table 2(2). In particular, among them, the legitimate dividends in the distribution procedure in 2017 are as listed below.

The amount to be actually distributed under the distribution procedure (G, date of preparation of distribution schedule: August 4, 2017): 58,431,525 won (deposit KRW 58,430,330, interest KRW 15,322, enforcement cost KRW 64,127), Plaintiff (*), 119,737, 3610,83,475 collection right (Plaintiff and collection order), 1H association 7,467, 4886, 636 collection right (205, 205, 111, 2641, 1641, 15, 709 (interest KRW 15,327, 206, 648, 205, 205, 2814, 205, 308, 2548, 294, 205, 206, 32814, 257, 2947, 28414

D. As a result of a new calculation by reflecting the claims of the Plaintiff and the Defendant that were erroneously excluded from the respective distribution procedures of this case, the Plaintiff’s legitimate dividend amount in the distribution procedure of this case in 2017 is KRW 10,83,475, and the Defendant’s legitimate dividend amount is KRW 43,692,687 (=29,58,389,389, KRW 14,104,298).

However, the Plaintiff appears to have received the final payment in the distribution procedure of the instant case in 2017.

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