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(영문) 울산지방법원 2019.08.14 2018가단58891
부당이득금
Text

1. The act of issuing promissory notes on the attached list No. 1 between the non-party E Co. and the non-party limited liability company F is 199,623.

Reasons

1. Basic facts

A. On May 10, 2012, the Plaintiff’s claim 1) Nonparty G paid KRW 300 million out of the remainder of the K real estate purchase price to G by May 10, 2013, to the Plaintiff on May 10, 2012 (the trade name before the alteration: H & I Co., Ltd.; hereinafter “E”), and upon delay, G was drafted a notarial deed of a debt repayment contract stating the purport that there is no objection even if compulsory execution was conducted. 2) G was drafted on February 29, 2016 to the Plaintiff on March 8, 2016, by notifying the transfer of the claim based on the notarial deed, and by notifying the Plaintiff of the transfer of the assignment thereof at that time.

3) Meanwhile, inasmuch as the said Notarial Deed was prepared against G in relation to the proceeds of remodeling construction between E and G, as long as the remodeling construction was interrupted due to the circumstances in G and the said relevant contract was cancelled in E, the Plaintiff filed a lawsuit claiming objection against the claim that the said obligation to pay was extinguished. However, the Seoul High Court rendered a judgment dismissing the claim of E on the ground that the said Notarial Deed was valid as the said No. 2015Na1135 on May 18, 2016 for securing the purchase price of K real estate, etc. to G, and the judgment became final and conclusive on June 8, 2016. (b) the Defendant’s claim No. 1) issued a promissorysory note (hereinafter “instant Promissory note”) on October 13, 2014 to F (hereinafter “F”), and on the same day, prepared a notarial deed with the content that the said No. notarial Deed was immediately subject to compulsory execution at the time of refusal of payment of the Promissory Notes in F.

2) F applied for attachment and assignment order based on the instant notarial deed issued by the original Chuncheon District Court Decision 2014TTT3859, and on October 22, 2014, F applied for construction cost claim for L Corporation held against Korea by the said court (hereinafter “instant construction”).

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