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(영문) 수원지방법원안산지원 2020.05.07 2019가합5465
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The judgment of the provisional execution sentence and its revocation 1) The plaintiff D (the trade name before the change: B and hereinafter referred to as "D") is the plaintiff.

A) A lawsuit was filed against the Plaintiff for the claim for the purchase price. D filed a lawsuit for the claim for the return of unjust enrichment against a counterclaim (Tgu District Court Decision 2008Gahap85, 2008Gahap634, Nov. 7, 2008). On November 7, 2008, the Daegu District Court rendered a judgment with a declaration of provisional execution ordering D to "the Plaintiff's claim is dismissed. The Plaintiff shall pay KRW 560,60,00 to D and its delay damages." 2) The Plaintiff appealed against the judgment of the first instance [Tgu High Court Decision 2008Na1052, 208Na1069 (Counterclaim), 2069)], and on January 27, 2010, the Daegu High Court rejected the Plaintiff's claim for the counterclaim."

3) AD appealed against the above appellate judgment (Supreme Court Decision 2010Da16151, 2010Da16168, 2010), and the Supreme Court rendered a judgment dismissing the appeal on November 25, 2010. (B) D, based on the above judgment of the first instance court, received an assignment order of claims and assignment order (Tgu District Court Decision 2008TTTT1464), claims attachment and collection order (Tgu District Court 2009TT4), and received KRW 480,077,786 from E cooperatives, etc. by January 16, 209.

2) When the judgment of the first instance court was revoked, and the judgment of the said appellate court became final and conclusive, the Plaintiff filed a lawsuit against D on January 27, 201 against the Plaintiff, including a claim for return of unjust enrichment (Tgu District Court racing support 201Gahap108), and on August 12, 2011, the Daegu District Court rendered a judgment that “D shall pay to the Plaintiff 480,077,786 won and delay damages therefor,” and the said judgment became final and conclusive as it is, also, against D on January 27, 2011.

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