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(영문) 부산지방법원 2015.05.01 2014가합50381
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around September 201, the Defendant entered into a contract for goods transaction with the Han River Industry Co., Ltd. (hereinafter referred to as “the Han River Industry”), and multiple-party companies and reinforced companies (hereinafter referred to as “Reinforcement companies”) jointly and severally guaranteed the obligations of the Han River Industry under the said contract.

B. The Defendant did not receive the price of goods equivalent to KRW 305,817,145, which was supplied to the ocean industry from May 2012 to October 201 of the same year according to the above contract.

C. Accordingly, on November 8, 2012, the Defendant filed an application for provisional attachment against the Plaintiff for the provisional attachment of the claim with the Changwon District Court 2012Kadan4814 and the same court 2012Kadan4815 against the Plaintiff for the provisional attachment of the claim against the Plaintiff of the Han River Industry with the claim for the price for steel goods as the preserved claim, as well as KRW 40,000,000, and KRW 80,000,000, etc. for the price for steel goods against the Plaintiff of the Reinforcement industry. The Defendant received the provisional attachment from the said court on November 19, 2012.

Each of the above provisional attachment orders was served on November 22, 2012 on the third debtor of the same month and on November 29, 2012, respectively. D.

On the other hand, on November 14, 2012, the Defendant filed an order for payment with the Changwon District Court 2012j2930, Changwon District Court 2012Dao-si, Kim Jong-si, Co., Ltd. on the other hand, and received an order for payment from the said court on December 4, 2012, “The Han River Industry, Reinforcement-si, Co., Ltd. shall jointly and severally pay the Defendant 305,817,145 won and the amount calculated at the rate of 20% per annum from December 7, 2012 to the day of full payment.”

The above payment order was finalized on December 21, 2012.

E. After that, based on the original of the above payment order with executory power, the Defendant seizes claims against the Plaintiff for steel goods payment claims of KRW 336,358,062, and against KRW 336,358,062 of shipbuilding equipment payment claims against the Plaintiff of the Maritime Industry on June 11, 2013, and against KRW 336,358,062 of shipbuilding equipment payment claims against the Plaintiff of the Reinforcement company, the Changwon District Court 2013TT 5900 and the same court 2013TT 5901.

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