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(영문) 부산고등법원(창원) 2019.08.22 2019나10111
채권자대위권에 기한 부당이득금반환 청구
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is a company engaged in the construction business, etc., and the defendant B is the representative director of the corporation E (hereinafter referred to as "E") (current director), the defendant D is the grandchildren of the defendant B, and the defendant C is the former manager of E.

B. As a result of the separate lawsuit between the Plaintiff and E, the Plaintiff was awarded a contract for “F Corporation” with the Hanyang-si, and subcontracted the said reinforced concrete construction and tin construction to E. However, in the lawsuit filed in relation to the said subcontract, the judgment of the court below that “E shall pay to the Plaintiff 369,838,237 won and the amount equivalent to 6% per annum from October 2, 2015 to April 27, 2017, and 15% per annum from the next day to the day of complete payment (the Busan High Court (original Court), 2015Na24082 (Counterclaim), 2015Na2409 (Counterclaim)), and the judgment of the court below became final and conclusive for 20% per annum from the next day to the 25th day to the 205th day of the said subcontract (the above judgment was finalized for 20% per annum 1536% per annum, 2536% per annum and 25% per annum.

3) The Plaintiff was awarded a contract with the Gyeongnam-do to subcontract the “H Corporation” to E. In the lawsuit brought in relation to the said subcontract, the Plaintiff was sentenced to the judgment that “the Plaintiff shall pay to E 64,769,172 won and the amount equivalent to 6% per annum from April 25, 2013 to April 27, 2017, and 15% per annum from the next day to the day of complete payment (the Busan High Court (original Court), 2015Na2397, 2015Na24013 (Counterclaim), and the said judgment became final and conclusive as it is. (C)

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