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(영문) 창원지방법원 2015.01.30 2013가단83940
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from January 10, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On May 20, 2009, with respect to each production and installation work of Cocopia Co., Ltd. (hereinafter “Copia”) and heating, heating, heating (three (three) and electricity heating (1), the Plaintiff entered into a contract with the Plaintiff on May 20, 2009 with each of the contract amount of KRW 1.43 billion and KRW 280 million (200,000,000,000,000 (Additional Tax), the installed copia Kimhae-ju, the installation period from May 20, 2009 to Nov. 20, 2009, and the ownership of the above heating & heating and electricity (hereinafter “each of the instant machinery”) shall be owned by the Plaintiff until the remainder payment is made, and thereafter, the Plaintiff and Copia entered into a contract with the Plaintiff on May 21, 201 (hereinafter “instant construction period”).

B. Around October 2010, the Plaintiff completed the installation of each of the instant machinery in the Cocoding plant. Cocomera paid to the Plaintiff the sum of KRW 22,00,000,000 on March 25, 2009, KRW 30,000,000 on August 24, 2009, KRW 250,000 on December 24, 2009, KRW 50,000 on December 28, 2009, KRW 200,000 on June 28, 2010, KRW 200,000 on June 30, 208, KRW 300,000 on July 230, 200, KRW 00 on July 20, 200, KRW 300 on July 40, 2010; and

C. Meanwhile, on October 6, 2010, Coina took out a loan from the Defendant and set up a collateral security (hereinafter “instant collateral security”) to the Defendant under the Factory Mortgage Act with respect to each of the instant machinery and the land and factory buildings located in Jin-si, Jin-si, Jin-si (hereinafter “instant real estate”).

Since then, as the Coina failed to pay taxes on Kim Maritime Affairs, Kim Jong-Un, through the Korea Asset Management Corporation, had conducted a public auction on the instant machinery and real estate. At the time, the appraised value of each of the instant machinery according to the appraisal table at the time = 1,467,180,00 won = Electricce Heas 240,240,000 won HE rating.

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