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(영문) 인천지방법원 2015.06.23 2014가합57279
부당이득금
Text

1. B Co., Ltd. on August 24, 2010: (a) the face value of KRW 150,000,000 for the Defendant; (b) the addressee, the Defendant, and the place of issuance for the Defendant.

Reasons

1. Basic facts

A. On December 2, 2008, the Plaintiff: (a) subcontracted the C Reinforcement in the amount of KRW 147,400,000 to the Commissioner of the Gyeongbuk Provincial Police Agency who was contracted by B (hereinafter “B”) on December 2, 2008; (b) completed the construction work on June 5, 2009; (c) but did not receive the construction payment from B

B. Accordingly, on November 6, 2009, the Plaintiff filed a lawsuit against Taecheon Tourism Development Corporation, as the claim amounting to KRW 147,400,000,000,000, and as the 2009Kadan66555, for the claim amounting to the above construction cost, the Plaintiff received a provisional attachment decision on the claim amounting to the Taecheon Tourist Development Corporation’s construction cost (the original decision was served on Taecheon Tourism Development Corporation, a garnishee, on November 9, 2009).

In the appellate court of the above lawsuit, on December 9, 2010, the plaintiff was sentenced to a judgment that "B shall pay to the plaintiff 144 million won and 5% interest thereon per annum from June 25, 2009 to December 9, 2010, and 20% per annum from the next day to the day of complete payment (Seoul High Court 2010Na5206)" and the above judgment became final and conclusive as the dismissal of appeal.

(hereinafter “final judgment of this case”). C.

On May 17, 2011, the Plaintiff received a seizure and collection order (Seoul District Court Seog District Court 201No. 201No. 5204, May 18, 201) by designating the final judgment of this case as executive title, which is KRW 167,207,287 (10,000,000 as KRW 147,000,000,000,000,000 from provisional seizure to provisional seizure) by transferring the provisional seizure to the original seizure, and the original copy was served on Taecheon Tourism Development Corporation, which is the garnishee on May 18, 2011.

On the other hand, the Defendant received from August 24, 2010, one copy of a promissory note as stated on October 31, 2010 (hereinafter “instant promissory note”) from the issuer B, the payee, the Defendant, the face value of KRW 150 million, and the due date, October 31, 2010, and August 24, 2010 (hereinafter “instant promissory note”), and the notary public is not more than the notarial deed stating the purport of recognizing compulsory execution as stipulated in No. 393 by a law firm’s new ice 2010.

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