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(영문) 부산지방법원동부지원 2019.01.09 2018가합103456
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The status of the parties, etc. 1) D Co., Ltd. (hereinafter “D”).

) A company running clothing, chemical wholesale and retail business, etc., and around 201, the “F” (hereinafter referred to as the “F”) on the 3th floor of Busan, Busan, Daegu EM in 201.

(2) On July 22, 2011, the Plaintiff entered into a special agreement with the Plaintiff to sell helicopters products, a foreign brand brand in the instant item G, and entered into a special agreement with the Plaintiff on September 30, 201, between the Plaintiff and the Plaintiff on September 30, 201, to open two or more overseas scenic clothes and miscellaneous miscellaneous 22, each of them purchased a contract with the Plaintiff to sell Veeasta (BgaVetta) products.

3) The Defendant is the representative director of D. B. On September 14, 2015, the Plaintiffs filed a lawsuit against D seeking restitution of unjust enrichment against D on September 14, 2015 (Dasan District Court 2015Gahap103431). The said court rendered a judgment on May 26, 2016 (hereinafter “instant judgment”).

A. The Court rendered a ruling.

Therefore, D appealed from Busan High Court Decision 2016Na53053, but on November 10, 2016, the dismissal judgment was sentenced on November 10, 2016, and the judgment of this case became final and conclusive on November 25, 2016.

Defendant:

(a) 5% per annum from August 10, 2012 to September 23, 2015; 20% per annum from September 24, 2015 to September 30, 2015; and 15% per annum from October 1, 2015 to the date of full payment; and

B. The Plaintiff B pays 104,123,920 won and among them, 1) 103,678,965 won from August 10, 2012 to 44,95 won, 5% per annum from August 11, 2012 to September 23, 2015, 20% per annum from September 24, 2015 to September 30, 2015, and 15% per annum from September 30, 2015 to September 30, 2015.

C. On May 15, 2018, the Plaintiffs, based on the instant judgment, are subject to the seizure and collection order.

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