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(영문) 수원지방법원성남지원 2017.11.28 2017가합400164
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B is KRW 172,514,240 and 5% per annum from August 23, 2013 to November 28, 2017;

Reasons

1. Basic facts

A. The Plaintiff’s claim for return of unjust enrichment against G Co., Ltd. 1) The purpose of the Plaintiff is to establish and operate sports facilities and ancillary facilities, and G Co., Ltd. (hereinafter “G”).

(2) The Plaintiff filed a lawsuit with the Seoul Central District Court by asserting that G lent KRW 40,00,000 to the Plaintiff, and that it paid KRW 40,000 to G in excess of the construction cost corresponding to the construction cost corresponding to the new construction contract, such as the first driving range on the H ground when the contract was terminated after the contract was made in G, and the Plaintiff filed a counterclaim against G seeking restitution of unjust enrichment.

3) On January 9, 2013, the Seoul Central District Court rendered a ruling that "G's principal claim is dismissed, and G shall pay to the Plaintiff 327,310,000 won and interest thereon at the rate of 20% per annum from August 3, 2011 to January 9, 2013, and the rate of interest and interest at the rate of 20% per annum from the next day to the day of full payment." The judgment of the first instance sentenced G's appeal [Seoul High Court 2013Na12534 (principal lawsuit), loans 2013Na12541 (principal lawsuit), loans 2012Gahap24892 (Counterclaim), and loans 2014Da7537 (principal lawsuit), loans 2014Da7541 (principal lawsuit), and loans 2014Da741404 (Counterclaim claim)] and the final appeal (hereinafter referred to as "loan related to the instant case").

(4) Based on the original judgment of the first instance court that rendered a provisional execution order of the instant lawsuit, the Plaintiff received a claim attachment and collection order against G Company J (hereinafter “J”) on the basis of the original judgment of the Seoul Central District Court that rendered a provisional execution order. Accordingly, the Plaintiff received dividends of KRW 27,909,501 on May 10, 2013 in the Seoul Central District Court distribution procedure.

In addition, the plaintiff is not more than G school juristic person L based on the original judgment of the first instance court of the above provisional execution sentence.

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