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(영문) 창원지방법원 2018.02.22 2017나56046

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. 1) The Defendant filed an objection against the Plaintiff by the Changwon District Court 2014Gahap6350, the Changwon District Court 2014Gahap6350, the Defendant filed an objection against the Plaintiff seeking the refusal of compulsory execution based on the judgment of the Changwon District Court 2009Gahap3975 (Partial part) (hereinafter “instant objection lawsuit”).

(2) On June 1, 2015, the above court accepted the Defendant’s claim and sentenced the Plaintiff to bear the relevant litigation costs. (2) The Plaintiff appealed against the first instance judgment and appealed as Busan High Court (original Court) 2015Na126, but the above court rendered a judgment dismissing the Plaintiff’s appeal on December 10, 2015 that the Plaintiff should bear the costs of appeal, and the said judgment became final and conclusive by failing to file a final appeal.

B. 1) The Plaintiff filed a claim for reimbursement against the Defendant for Cbuilding reconstruction construction work ordered by the reconstruction association incorporated by the Defendant (hereinafter “instant construction work”) under the Changwon District Court 2015Kahap33854 (hereinafter “instant construction work”).

2) The claim for reimbursement for the amount of reimbursement arising during the course of performing the project (hereinafter referred to as “instant claim for reimbursement”).

(2) The instant lawsuit was brought to the Changwon District Court for conciliation by the Changwon District Court 2015 s.14267, and the conciliation was concluded on December 18, 2015 between the Plaintiff and the Defendant (hereinafter “instant conciliation”).

The conciliation clause of this case contains the contents that the plaintiff withdraws the lawsuit for the claim for reimbursement and that the defendant consented thereto, and in addition, the contents related to lawsuits, applications, and civil and criminal claims that could have been filed in relation to the construction work of this case between the plaintiff, the defendant, and D, the representative director of the plaintiff.

The contents of the instant conciliation provisions are as follows.

1. The Plaintiff refers to the instant claim for reimbursement, namely, the Changwon District Court 2015Gahap33854, which is the claim for reimbursement. The Plaintiff withdraws the instant claim, and the Defendant consents thereto.

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