(영문) 부산지방법원 2015.02.05 2012가합19287

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(영문) 부산지방법원 2015.02.05 2012가합19287

부당이득금

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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On October 26, 2010, the Plaintiff prepared a notarial deed of promissory notes (hereinafter “notarial deed of promissory notes”) dated 26, 2010, the face value of which is KRW 350 million from C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On November 16, 2010, the Defendant drafted a notarial deed of monetary loan for consumption contract of KRW 70 million from the Nonparty Co., Ltd. (hereinafter “Notarial deed of loan for consumption”) (hereinafter “Notarial deed of loan for consumption”).

B. The non-party company engaged in the business of manufacturing and selling clothes and group uniforms, and had the right to purchase goods by supplying group uniforms to D and E.

The Plaintiff was ordered by the Seoul Western District Court to attach, collect, or collect the sale price claim of the non-party company D and E with the title of execution of the authentic promissory note as its title.

The defendant received from the Seoul Western District Court the seizure and collection order based on the wage claim as to the non-party company D's claim for the purchase price of goods, and the seizure and collection order based on the loan for consumption as the title of execution as to the non-party company E's claim for the purchase price of goods.

C. When the seizure of claims by the creditors of the non-party company including the plaintiff and the defendant competes, the garnishee D et al. deposited the debt amount to the Seoul Western District Court and reported the reason therefor. Accordingly, the plaintiff and the defendant received the distribution as shown below in the distribution procedure commenced.

The fact that the third debtor's case date of distribution was seized by the plaintiff on July 21, 201, the dividend amount of the defendant attached to the plaintiff defendant DF 201, 6108, 201, 6243, 6243, 621, 200,000 G G 14792, 25,256,062 won 201, 9840, 9840, 1618, 49, 573, 749 won 201, 2011, 611, 611, 611, 1618, 1617, 137, 739, 739, 2011, 1617, 739, 200, and 739

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