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(영문) 창원지방법원 마산지원 2018.12.19 2017가합100901
채권자대위권에 기한 부당이득금반환 청구
Text

1. The Plaintiff:

A. Defendant B’s KRW 169,973,00 as well as 5% per annum from November 17, 2017 to December 19, 2018.

Reasons

Basic Facts

The Plaintiff is a company operating construction business, etc., and Defendant B is a person who was the representative director of Nonparty E (hereinafter “stock company” in its name from the second entry to the second entry) (the present director is a director), Defendant C is a person who was the manager of Defendant E, and Defendant D is a person who is in the relationship of marriage by marriage with Defendant B (dong branch).

As a result of the separate lawsuit between the Plaintiff and E, the Plaintiff was awarded a contract for “F Corporation” from the smuggling-si, and thus awarded a subcontract for reinforced concrete construction and tin construction to E. However, in the lawsuit filed in connection with the said subcontract, the judgment was rendered that “E shall pay to the Plaintiff 369,838,237 won and the amount equivalent to 6% per annum from October 2, 2015 to April 27, 2017, and 15% per annum from the next day to the date of full payment” (the Busan High Court (original Court), and the said judgment became final and conclusive as it is.

The Plaintiff was awarded a contract for “G business” from the Sincheon-do Water and Wastewater Works Offices, Gyeongcheon-do, and awarded a subcontract to E. However, in the lawsuit brought in connection with the said subcontract, the judgment that “the Plaintiff shall pay to E the amount of KRW 16,346,503 and interest calculated at the rate of 6% per annum from April 25, 2013 to December 15, 2016, and 15% per annum from the following day to the date of full payment” (the Busan High Court 2015Na23980, 2015Na2406 (Counterclaim)) and the above judgment became final and conclusive as it is.

The plaintiff was awarded a subcontract to E with the "H Corporation" from Gyeongnam-do, and the plaintiff was sentenced to the judgment that "the plaintiff shall pay to E 64,769,172 won and 6% per annum from April 25, 2013 to April 27, 2017, and 15% per annum from the next day to the day of full payment."

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