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(영문) 수원지방법원 2017.12.12 2015가합72012
부당이득금
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. The status of the parties concerned is a creditor of Atetraethyl Co., Ltd. (hereinafter “Atetraethyl”) as a corporation for the purpose of the steel materials sales business. The Defendants are children of E and their spouses, Defendant A and their spouses, Defendant B’s big father, Defendant C’s big fraud, Defendant C were second son, and Defendant D were second son.

B. The Plaintiff’s claim for the purchase price of ethyl was made with Atetra and Steel raw materials supply contract from around 2012, and the Plaintiff did not receive the price, and the Plaintiff filed a lawsuit seeking the payment of the price of the goods with Atetra et al. on July 11, 2014, and was sentenced to the judgment (Seoul Central District Court Decision 2013Gahap58298) stating that “Atetra et al. and each Plaintiff shall pay the price at a rate of 20% per annum from June 10, 2014 to the day of full payment” (Seoul Central District Court Decision 2013Gahap58298). The above judgment is the same year.

8.1. Finality has been made.

C. Plaintiff’s claim 1) Based on the original copy of the above judgment of the Plaintiff for the claim amounting to KRW 2,628,635,435 on the basis of the original copy of the above judgment, the Plaintiff filed an application for the seizure and collection order on the claim for the return of unjust enrichment against E in terms of the claim amounting to KRW 2,628,635,43 [The above court assistant officer accepted it on November 10, 2015 and issued the seizure and collection order, and served the original copy of the above decision on December 9 of the same year with the Plaintiff’s claim for the collection against E [the Seoul East District Court Decision 2015Ga10698], and on April 27, 2017, “E” from the above court had the obligation to compensate the Plaintiff for damages due to ethyl embezzlement’s embezzlement and damages from KRW 150,000,000,000 from KRW 150,000.

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