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(영문) 서울중앙지방법원 2019.10.25 2017가합559546

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim against C Co., Ltd. is a creditor holding a claim against C Co., Ltd. (hereinafter “C”), and the Jeju District Court 2012da19160 filed a lawsuit seeking payment of the amount of a bill against C, etc. on November 15, 2013. On November 15, 2013, the said court rendered a judgment that “C, etc. jointly and severally and severally with the Plaintiff, shall pay to the Plaintiff 441,60,000 won and the amount calculated at the rate of 5% per annum from August 8, 2012 to September 25, 2013, and 20% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive around that time.

B. C’s assignment of claims 1) C is a corporation D (hereinafter “D”).

(2) The claim for construction price (hereinafter referred to as “instant claim”) against D upon receipt of a contract for the installation of a heavy meter from D.

2) On June 2012, 2012, C transferred 600 million won (hereinafter “instant assignment of claims”) of the instant claims to E Co., Ltd. (hereinafter “E”) and the total amount of claims arising within one year thereafter (hereinafter “instant assignment of claims”). E delegated by C with C with C’s authority to notify the assignment of claims by content-certified mail on June 20, 2012.

C. The Defendant filed an application for provisional seizure of the instant claim with the Daejeon District Court 2012Kadan4454 by deeming the loan claim against C as the preserved claim, and on June 29, 2012, the provisional seizure order on the instant claim (hereinafter “provisional seizure”) was issued on June 29, 2012.

On July 3, 2012, the provisional attachment ruling was delivered to D on July 3, 2012. (2) The details of assignment of claims and execution of provisional attachment concerning the claims of this case, including the assignment of claims of this case and the provisional attachment of this case, are as listed below:

(2) The assignment of claims and seizure provisional seizure against the claims of this case shall be indicated by the sequence below). The service date of the assignment of claims and seizure provisional seizure against D on the date of creditors of the contents of the sequence 1.