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(영문) 인천지방법원 2011.09.22 2009가합19709
용역비
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. The defendant's defense prior to the merits against the defendant, which was executed around November 3, 2006 between the defendant's establishment promotion committee (hereinafter "the redevelopment project of this case") and the contract or agreement above (hereinafter "the above service contract of this case") which was concluded around November 3, 2006 with the defendant, with respect to the service cost for the service performed by the plaintiff, 505,272,80 won, and other service cost incurred by the plaintiff for holding a general meeting, public relations, request for consent, etc. in addition to the above service contract of this case, the above establishment promotion committee made oral payments of KRW 365,495,00 in total and KRW 870,767,00 ("the service cost of this case") and the plaintiff's claim for return of unjust enrichment in excess of the plaintiff's claim for return of unjust enrichment of the same amount (hereinafter "the plaintiff's claim for return of unjust enrichment of this case" of this case is unlawful.

2. Determination

A. If there exists a seizure and collection order against the relevant legal doctrine claims, only the collection obligee may file a lawsuit for performance against the garnishee, and the debtor loses the standing to file a lawsuit for performance against the seized claims.

B. (See, e.g., Supreme Court Decision 99Da23888, Apr. 11, 2000).

Facts of recognition

On September 28, 2009, the Plaintiff was from the Defendant due to the revocation or cancellation of the invalidation of the instant redevelopment project management contract concluded with the Defendant, which was concluded by the Plaintiff on March 18, 2010, among the service charges related to the instant redevelopment project, which the Plaintiff had against the Defendant, of KRW 100 million, out of the money loan deposit for consumption, the down payment for cash loan, and the interest rate of KRW 102,753,425, which was executed by the Plaintiff on March 18, 2010.

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