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(영문) 의정부지방법원고양지원 2019.07.26 2017가단9735
부당이득금
Text

1. The Defendant’s KRW 40,000,000 as well as the Plaintiff’s annual rate from April 3, 2019 to July 26, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against D and C: (a) from August 2013 to October 2014, the Plaintiff supplied D with soundproofing devices and other goods to which C is the representative director; and (b) C did not receive the price of KRW 60,840,215 (Evidence 1) (Evidence 1); (c) on October 27, 2014, written a letter of commitment that D’s obligation to pay the said goods to D for eight installment payments.

(A) (No. 2) The Plaintiff filed an application for the payment order against C with the Plaintiff for the payment of unpaid money out of the price of the above goods (Seoul District Court Decision 2016 tea543), and on May 11, 2016, “C shall pay damages for delay calculated at the rate of 15% per annum to the Plaintiff from the day following the delivery date of the payment order to the day of complete payment (Evidence No. 3). The payment order was issued and confirmed on April 14, 2016 (Evidence No. 3). (b) D and C did not have any special property, such as real estate, and C and D are in excess of their obligations, such as failure to pay taxes of KRW 57,575,610 until October 2014, D are in a state of closure, and D are currently in a state of closing the business, and D are currently in a state of closing the apartment and E. 10Da4102, Oct. 14, 2014.

(Evidence A 4) 2C is attached to the Defendant’s account.

1. As indicated, the amount of KRW 35,00,000 on November 3, 2014, KRW 5,000,000 on November 3, 2014, KRW 5,000 on November 3, 2014, and KRW 8,310,00 on December 3, 2014 to November 13, 2015, respectively.

3 Attached Form D

2. As indicated in the foregoing, KRW 12,00,000 was transferred to C’s account on September 1, 2014, and KRW 28,000,000,000 was transferred to G’s account, a seller of the instant apartment, and KRW 2,00,000 was transferred to the Defendant’s account on October 18, 2014, respectively. From December 31, 2014 to April 14, 2015, KRW 5,720,000 was transferred to the Defendant’s account related to the instant apartment mortgage loan.

On the other hand, C on September 1, 2014, to G, the seller of the instant apartment on September 1, 2014, out of the purchase price.

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