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(영문) 수원지방법원안산지원 2016.05.12 2014가합24492
부당이득금
Text

1. The Defendant’s KRW 209,120,000 as well as 5% per annum from June 21, 2013 to November 3, 2014 to the Plaintiff.

Reasons

Facts of recognition

On December 16, 2008, the Plaintiff leased all of the land sites 674-3 square meters, its ground-based factories, and attached facilities, owned by the Plaintiff, to the Madro Co., Ltd. (hereinafter referred to as the “Madro") on December 16, 2008, with a deposit amount of KRW 200,000,000, monthly rent of KRW 20,000,000 (excluding value-added tax), and the lease period from December 16, 2008 to December 15, 2013.

For example, A.C.B and Wafer, E.S. used high-priced semiconductor parts production facilities, such as P.C.B and Wafer, and began to pay rent without suspending the operation of the factory around October 201.

The Defendant, a creditor of the loan to the Vene, was delivered with the above factory with the corrective devices delegated by the AVV from around that time, and began expenses through the SV chain and the SV Development Co., Ltd., and managed the production facilities of the above semiconductor parts.

On June 25, 2012, on the grounds that the Plaintiff was delinquent in paying rent, and the Defendant notified Berne of the termination of the said lease. On August 7, 2012, the Defendant thereafter filed an application for a compulsory auction of corporeal movables in relation to the production facilities of semiconductors under the Suwon District Court No. 2012No. 6126, Suwon District Court, based on the claim for a loan against Madon, on August 7, 2012. On August 30, 2012, the enforcement officer of the said court attached the said facilities (hereinafter “instant seized objects”), and had the Defendant, the enforcement officer, keep them in custody.

The Defendant kept the instant seized objects in the foregoing factory by June 20, 2013, which is the date of sale of the above auction procedure.

The seized object of this case was appraised at KRW 4,941,160,000 in the above auction procedure, and was sold at KRW 1,160,000 on June 20, 2013, and the Defendant was paid KRW 1,161,585,227 in the distribution procedure, but the Plaintiff was not paid a reasonable amount of storage fees for the seized object of this case under the pretext of execution expenses or dividends.

[Ground of recognition] Facts without dispute, Gap 1 through 11 (if there are serial numbers, including branch numbers; hereinafter the same shall apply).

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