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(영문) 부산지방법원서부지원 2019.01.08 2017가단111404
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings as stated in Gap evidence Nos. 1, 2, 3, 4, and 2, 4 through 12, 15, 20, 21, 23, 24, 25, and 26 (including those with serial numbers):

The Plaintiff entered into a contract for the manufacture and supply of facilities (hereinafter “instant contract for the supply of facilities”) with D Co., Ltd. (hereinafter “D”) on August 14, 2012, while operating a personal business in the name of “C,” and on August 28, 2012, the Plaintiff entered into a contract for the manufacture and supply of facilities (hereinafter “instant contract for the supply of facilities”). Around August 28, 2012, the Plaintiff issued a guarantee insurance policy (class 17,600,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000,00).

The Plaintiff provided a term deposit (amount of deposit KRW 57.5 million, certificate number G) in his/her name as security with respect to the above performance guarantee insurance contract.

B. On November 1, 2012, H Co., Ltd. was merged with H Co., Ltd., and H Co., Ltd., on December 6, 2012, H Co., Ltd. I (the “Co., Ltd. J” at the time of mutual change and the “I”) was merged with the “ABB”).

C. On June 5, 2013, the Plaintiff, through an employee in charge of the above individual company, prepared and delivered to the KCAB a letter of undertaking recognizing delayed facts and liability with respect to the progress of the above supply contract. On August 25, 2013, the Plaintiff transferred all rights and obligations with respect to the above supply contract to C Co., Ltd. which was the representative director (hereinafter “CUB”) and all the securities offered to the Defendant.

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