부당이득금
1. The plaintiff's appeal is dismissed.
2. The claim for the preliminary claim added at the trial shall be dismissed; and
3...
1. Facts of recognition;
A. From February 28, 2013 to November 30, 2013, the Defendant supplied the Plaintiff with goods equivalent to KRW 3,114,473,00,00 in total. The Defendant transferred the Plaintiff’s claim for the purchase price of goods of KRW 2,884,01,282, among the above purchase price claim for goods, to AB E.S (hereinafter “Nonindicted Company”) four times as follows, and notified the Plaintiff thereof.
① KRW 1,917,377,167 (2) around April 22, 2013: ② KRW 503,215,872, around July 10, 2013; KRW 234,382,977 around August 12, 2013; ④ KRW 229,035,266 (the assignment of claims asserted by the Plaintiff in this case) around December 11, 2013
B. The above A.
Notwithstanding the assignment of claims, the Plaintiff paid the sum of KRW 2,737,849,336 to the Defendant, not the non-party company, the assignee of the goods price claim, over several times from the date of the initial assignment of claims to March 3, 2014.
C. On May 2, 2014, the Defendant filed an application with the Plaintiff for a payment order on the ground that the Defendant had 200,623,664 won of the unpaid claim out of the amount of goods supplied to the Plaintiff on November 2, 2013 (U.S. District Court Decision 2014Da2558), and on May 26, 2014, the said court issued an order to pay 6% per annum from January 1, 2014 to the date when the original copy of the instant payment order was served on the Defendant; 20% per annum from the following day to the date when the original copy of the instant payment order was served; and 91,300 won per annum from the date when the payment order was repaid; and the payment order became final and conclusive on June 12, 2014.
(hereinafter “instant payment order”). D.
Based on the original copy of the instant payment order, the Defendant collected KRW 84,362,733, respectively, and appropriated KRW 84,362,733, in total, by collecting KRW 84,362,733, Oct. 8, 2014, upon receipt of the claim attachment and collection order issued by the Suwon District Court 2014TTTA and the collection order issued by the Suwon District Court 2014TTA, and by collecting KRW 50,000,000,000,000 from the same court.
[Ground of recognition] There is no dispute.