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(영문) 수원지방법원 2015.06.30 2015가단13931

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. [Order for payment for the construction of solar industry of the plaintiff] New Enterprise Co., Ltd. (the plaintiff was absorbedd and dissolved with the plaintiff on April 15, 2014; hereinafter referred to as "the plaintiff" without distinguishing both parties for convenience, unless it is necessary to distinguish between the two parties, the plaintiff's general term is called "the plaintiff") applied for a payment order for the payment order to the Suwon District Court's Ansan Branch's 1807th 2009th 1807th 2008 2008, and the payment order was issued to the plaintiff on December 30, 208 561,322,875 won and the payment order was delivered to the plaintiff on December 29, 2005. < Amended by Presidential Decree No. 20747, Dec. 4, 2005>

나. [원고, 태광산업개발, 문앤썬과 사이의 가압류, 채권압류 및 추심명령] 원고는 위 가.

항기재 물품대금채권을 보전하기 위하여 안산지원 2009카단50373호로 2009. 2. 25. 청구금액 561,322,875원으로 태광산업건설의 주식회사 문앤썬(이하 문앤썬이라고 한다)에 대한 안산시 단원구 원시동 768-6 번지 건물공사에 대한 공사대금채권(이하 이 사건 계쟁 공사대금채권이라 한다)에 대하여 가압류결정을 받았고 위 가압류결정은 2009. 2. 26.에 문앤썬에게 송달되었다.

The plaintiff above A.

An application for a provisional seizure and collection order against the construction of Tae-Tan Industries, which is based on the original copy of the order of payment stated in Paragraph 2, shall be filed for the provisional seizure and collection order of the claim amounting to 675,94,629, and the claim amounting to 675,94,629, and the construction of Tae-Tan Industries under the provisional seizure order of claim No. 2009Kadan50373, the provisional seizure against the claim for the construction of this case shall be transferred to the original seizure.

Of the claim for the construction cost of the dispute in this case, the same shall apply.