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(영문) 부산지방법원 2015.02.06 2014가단211486
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On March 2, 2012, the Defendant, C, and D rendered a claim for damages against the Plaintiff, C, and C, and C, and C, and C, and C, Co., Ltd. (hereinafter referred to as “cubt”) under the Busan District Court Branch Branch Decision 2012Gahap107 (hereinafter referred to as “damage Claim”) and rendered a judgment as follows.

1.(a)

Cuba Co., Ltd.: 5% per annum from June 1, 2011 to January 15, 2013; and 20% per annum from the following day to the day of full payment with respect to each of the above amounts of KRW 14,775,369 to Plaintiff C and D; 109,781,049 to Plaintiff B;

B. Defendant A Co., Ltd. shall pay to Plaintiff C and D each amount of KRW 13,457,739, Plaintiff B with KRW 82,204,471, and each of the above amounts, 5% per annum from June 1, 2011 to February 21, 2013, and 20% per annum from the next day to the date of full payment.

2. The plaintiffs' remaining claims against defendant A are dismissed, respectively.

3. Of the costs of lawsuit, the part arising between the plaintiffs and the defendant Kukdong Co., Ltd. shall be borne by the plaintiffs, and 1/5 of the part arising between the plaintiffs and the defendant Co., Ltd., and the remainder by the defendant Co., Ltd.

4. Paragraph 1 can be provisionally executed.

As to the above judgment, Defendant A Co., Ltd. (the Plaintiff in this case) and Plaintiff B (the Defendant in this case) appealed from Busan High Court 2013Na3033, but the judgment dismissing the appeal was rendered on December 10, 2013, and it became final and conclusive on January 1, 2014.

The representative director E and Kuscot F visiting the defendant's office on March 22, 2013 to determine "F on March 22, 2013" in the name of F.

4.1.1.20 million won, KRW 20 million on March 25, 2013, and KRW 46,101,241 until April 5, 2013, are confirmed to be paid to the Defendant’s bank account, and any objection is raised at the time of non-payment.

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