부당이득금
All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
1. Basic facts
A. On October 13, 2011, Jinjin Shipping New Port Logistics Center Co., Ltd. (hereinafter “Kinjin Shipping”) concluded a contract for G new construction works with the contract amount of KRW 7.9 billion (hereinafter “Seo River Construction”) and the construction period from October 17, 201 to April 30, 2012.
B. On July 5, 2012, Jinjin Shipping deposited KRW 1,738,00,000 as Seoul Central District Court Decision 2012Da12946, by mixing the repayment deposit with the execution deposit on the ground that “The notice of multiple assignment of claims, the provisional seizure of claims, and the submission of a statement of direct payment for the construction cost was made with respect to the obligation for construction in Seocho River, and the validity of the assignment of claims and the relationship between the provisional seizure order and the provisional seizure order are unclear.”
(hereinafter “Deposit of this case”). C.
On June 21, 2012, the Seo River Construction Co., Ltd. (hereinafter “H”) and the Hanjin Shipping Co., Ltd. (hereinafter “H”) agree to pay KRW 439,720,00 (including additional tax) of the construction cost claims against Hanjin Construction Co., Ltd. (hereinafter “H”) directly to H, who is the subcontractor of the civil engineering work. The written consent to the direct payment of the construction cost was served on the Hanjin Shipping on June 22, 2012.
(2) On June 21, 2012, Western Construction transferred KRW 381,700,000 (including surtax) among the claim for construction cost against Hanjin Shipping to the Plaintiff Korea Pacc Industry Co., Ltd. (hereinafter “Plaintiff Korea Pacc Industry”), and notified the transfer of the said claim to Hanjin Shipping on June 27, 2012.
(1) Upon the lapse of the lawsuit seeking the revocation of a fraudulent act, Defendant Down Steel Co., Ltd. (hereinafter “Defendant Down Steel”) shall pay the unpaid construction payment against the Seo River construction, Sungo E&S (hereinafter “S”), ABT (hereinafter “ABT”), ABT (hereinafter “ABT”), and ABT (hereinafter “BT”).