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(영문) 서울중앙지방법원 2015.09.16 2014나47091

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Facts of recognition

The Plaintiff filed a lawsuit against Edi Comprehensive Construction Co., Ltd. (hereinafter “ Edi Comprehensive Construction”) for the claim for construction price as Seoul Northern District Court 2010da55160, which was concluded on June 17, 2011.

1. For Edi Integrated Construction, KRW 17,680,00 shall be paid to the Plaintiff up to July 31, 201.

2. If E.I.D. Construction fails to pay the above amount by the payment date, 23,00,000 won (in the case of partial payment, 23,00,000 won shall be deducted) in lieu of the amount described in paragraph (1) and damages for delay at the rate of 20% per annum from the day following the above payment date to the day of full payment.

3. In addition to the obligation to pay the money stated in paragraph (1) or (2) above, the Plaintiff and Edi General Construction confirms that there is no obligation or obligation between the Plaintiff and Edi General Construction with respect to any other obligation, such as issuing a warranty insurance policy with respect to the search of the third unit search of the Army.

4. The plaintiff waives the remaining claims.

5. The costs of lawsuit and the costs of mediation shall be borne respectively;

On July 20, 2010, AD General Construction issued to the Defendant a promissory note, the face value of which is KRW 250,000,000,000, and which is payable at sight of the due date (hereinafter “instant promissory note”). On August 9, 2010, AD General Construction entrusted the preparation of a notarial deed to a notary public C’s office’s notarial deed stating the purport of recognizing compulsory execution under No. 453, 2010 (hereinafter “notarial deed”).

On September 9, 2010, the Defendant applied for a seizure and assignment order on September 13, 2010 with respect to the claim for construction price against the Republic of Korea under the notarial deed of this case by the Chuncheon District Court Gangnam Branch 2010TY 3368, and received a seizure and assignment order on September 13, 201, and the said order was served on the Republic of Korea on September 16, 2010.

Korea shall be the defendant, defendant, and stock company on December 21, 2010.