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(영문) 대전지방법원 2016.12.22 2015가단222606
부당이득금
Text

1. The notary public’s office affiliated with Daejeon District Prosecutors’ Office, which was concluded between the defendant and C, No. 174, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim and preservation procedure 1) The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”)

From July 2014 to October 2014, 2014, 2WAY COTRVE and various components were supplied to the non-party company, and the non-party company did not receive the amount of goods equivalent to KRW 1,174,138,372.

Accordingly, on February 9, 2015, the Plaintiff received an order to pay the Plaintiff 1,174,138,372 won with 20% interest per annum from February 16, 2015 to the date of full payment. The payment order became final and conclusive on March 3, 2015. 2) On March 3, 2015, the Plaintiff as the preserved right to claim KRW 600 million out of the price of the goods, and as the Busan District Court Decision 2015Kahap296, March 3, 2015, the third debtor of the non-party company (hereinafter “E”).

The decision of provisional attachment was made on the claim for construction cost under the construction contract (including the amount of time and the amount of future generation) of the F Facility Construction Contract, and the provisional attachment decision reached E around that time.

B. On January 12, 2015, the Defendant: (a) was the person who is engaged in parts processing and assignment order with the name of G; (b) was the Nonparty Company, from January 2013 to December 31, 2014, with a claim on the expenses added to processing costs and equipment transfer incurred from the transaction of manufacturing and supplying control valves supplied by the Nonparty Company to the nuclear power plant, such as E, and to the thermal power plant; and (c) the Defendant was the non-party Company on January 12, 2015; and (d) on January 12, 2015, with a notary office of the Daejeon District Public Prosecutor’s Office affiliated with the Daejeon District Public Prosecutor’s Office, approved that the Defendant, as of January 12, 2015, was the debt owed to the Defendant, who is the creditor, as of January 2, 2015, and paid the above amount and damages for delay at the rate of Nonparty 25% per annum from January 20, 2015.

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