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(영문) 수원지방법원여주지원 2019.06.11 2019가단50804
부당이득금
Text

1. The Defendant: (a) KRW 25,646,203 to Plaintiff A; (b) KRW 10,934,372 to Plaintiff B; and (c) KRW 5,156,592 to Plaintiff C and each of the said money.

Reasons

Facts of recognition

Plaintiff

The Plaintiff A, on February 9, 2018, received a decision of provisional seizure against the claim amounting to KRW 30,864,547, and KRW 30,864,547, in order to preserve the claim for soil and sand transportation expenses against the Plaintiff E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on February 9, 2018, for an amount equal to KRW 30,864,547, out of the Bank’s deposit claims against Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.).

Plaintiff

A on March 21, 2018, the Suwon District Court rendered a judgment against Nonparty Company to the effect that “to pay for soil and sand transportation expenses KRW 27,864,547 and damages for delay” was paid by the said court on September 19, 2018.

The above judgment became final and conclusive around that time.

Plaintiff

B On February 12, 2018, Plaintiff B received a provisional attachment order on the amount of money until it reaches KRW 13,159,280 out of the deposit claims against the Industrial Bank of Korea of the non-party company, as the Licheon-si District Court 2018Kadan32 in order to preserve the claim of 13,159,280 won against the non-party company.

Plaintiff

B On March 20, 2018, Suwon District Court Decision 2018Gaso1864 rendered an application for payment order against non-party companies for payment of earth and sand transport costs by the Suwon District Court 2018Gasoon Court. On August 30, 2018, the said court received a payment order from the said court to the effect that “to pay soil and sand transport costs of KRW 13,149,280, and damages for delay.”

The above payment order was finalized around that time.

Plaintiff

C On April 2, 2018, Plaintiff C received a provisional attachment order on the amount until it reaches KRW 5,329,254 out of the deposit claims against the Industrial Bank of Korea under the Suwon District Court Decision 2018Kadan171, Suwon District Court Decision 2018Kadan171, in order to preserve the claim of 10,658,508 local transportation expenses against the non-party company.

Plaintiff

C The Suwon District Court against the non-party company.

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