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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 18, 201, the Plaintiff entered into a contract for the construction of the Hanil Industries Co., Ltd. (hereinafter “Korea Hanil Industries”) with respect to the construction of the Mailex. In connection with the construction of the said construction, Hanil Industries supplied 110 tons of input carbon from the CS Resources Co., Ltd. (hereinafter “CS Resources”), and on May 3, 2012, transferred KRW 338,800,000 to the CS Resources, instead of paying the price for the said goods, transferred KRW 338,80,000 to the CS Resources, and notified the Plaintiff of the assignment on the same day.
B. On July 10, 2012, the Plaintiff: (a) paid KRW 52,159,800 for the construction cost pursuant to the said assignment of claims; (b) transferred Han-Jex to the account opened in the Defendant bank by using Han-Jex as the deposit owner; and (c) on July 11, 2012, the Plaintiff requested the Defendant to return it on the ground of erroneous remittance, but the Defendant refused to return it.
C. On October 25, 2012, the Plaintiff, among the current and future deposit claims against the Defendant, issued a ruling on provisional seizure of claim under the Changwon District Court Decision 2012Kadan4346, supra, on the amount up to the above claim amount among the claim claims against the Defendant at issue, with the claim for return of unjust enrichment of KRW 52,159,80 against Han Daily.
On November 9, 2012, the Plaintiff filed a lawsuit claiming unjust enrichment with the Changwon District Court No. 2012 tea3239, and received a payment order from the said court to the Plaintiff that “Korea-Japanex would pay KRW 52,159,800 to the Plaintiff,” and the said payment order became final and conclusive on November 29, 2012.
E. On January 7, 2013, the Plaintiff received a provisional seizure and collection order (hereinafter “instant claim seizure and collection order”) from the original district court 2013Tex’s deposit claim against the Defendant on the basis of the above payment order, and issued the said claim seizure and collection order on January 9, 2013.
(f).