부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. An SPPP Co., Ltd. (hereinafter “SPPPP”) had a claim for the construction price of KRW 345.7 million against the Plaintiff, but on August 6, 2013, transferred the relevant claim to Amethyl (hereinafter “Amethyl”) and notified the Plaintiff of the assignment of claim by content-certified mail on August 7, 2013, and received it by the Plaintiff on August 8, 2013.
(hereinafter referred to as “first assigned claim”). (b)
On June 23, 2014, the SPP transferred to the Defendant A (hereinafter “Defendant A”) the claim amounting to KRW 90 million, excluding KRW 125 million from the transfer claim amounting to KRW 215 million due to the issuance of a Promissory Notes, among the sales claim amounting to KRW 200 million against the Plaintiff. The Plaintiff received the notice of assignment of the claim on July 1, 2014.
(hereinafter referred to as “second transferred claim”). (c)
On September 2, 2014, the Defendant Company filed a payment order with the Plaintiff under the Second Assignment Claim with the Daejeon District Court red support 2014j33, and received a payment order from the said court that “the Plaintiff would pay KRW 90 million to the Defendant Company and its delay damages.” The payment order was finalized on September 18, 2014.
On August 5, 2015, the Defendant Company received a seizure and collection order as to KRW 670,706,229, which the Plaintiff had against the Republic of Korea (the competent district court, Daejeon District Court, the public official in charge of the payment of dividends for red support) on the basis of the above payment order on August 5, 2015, and received KRW 106,348,587 ( principal amount, KRW 90,000,000,000, and delay damages) from the Daejeon District Court, on August 10, 2015.
E. Meanwhile, on November 7, 2014, the Daejeon District Court rendered a provisional attachment order on the deposit withdrawal claim held by the Plaintiff against Korea (competent public officials in charge of the payment of dividends for redness) under the jurisdiction of the Daejeon District Court 2014Kahap161 based on the transfer claim No. 1.