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(영문) 의정부지방법원 2015.04.17 2014가합3426
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On or around December 2006 and August 2007, the Plaintiff entered into a contract with B (hereinafter “B”) under which the Plaintiff supplied and installed factory machinery (hereinafter “instant contract”) and supplied and installed the instant machinery to B at that time.

B. B obtained a loan from the Bank of Korea, and as security, completed the registration of the establishment of a neighboring factory and mining foundation mortgage pursuant to the Factory and Mining Foundation Mortgage Act with respect to each of the real estate listed in the separate sheet No. 2 in [Attachment No. 2] and the instant machinery in the name of the Bank of Korea (hereinafter “instant auction procedure”), but around 2009, Gwangju District Court C, D, E, and F (Dupl) with respect to the instant real estate and machinery (hereinafter “instant auction procedure”).

C. On December 8, 2009, when the auction procedure of this case was in progress, the Plaintiff asserted that the Gwangju District Court had a claim of KRW 653,00,000 against B pursuant to the extended construction for each real estate listed in [Attachment 2] Nos. 3 and 6 of [Attachment 2] as well as the contract of this case, and filed a report of the right of retention as the secured claim.

Defendant A at the auction of the instant real estate and machinery on March 11, 2010 and completed the registration of ownership transfer on April 12, 2010.

E. The Defendant Credit Guarantee Fund was apportioned KRW 303,687,696 on May 19, 2010, as a mortgagee on the instant real estate and machinery.

F. On November 11, 2010, the Plaintiff filed a claim against B for a payment order claiming the price of KRW 329,059,600 under the instant contract and the delayed payment damages, as the District Court Decision 201Da3513, supra, and on November 30, 2010, the said payment order became final and conclusive.

G. At around 2011, Defendant A filed a suit against the Plaintiff to confirm that there is no lien of the Plaintiff, whose secured claim is KRW 329,059,600 on the instant real estate and machinery, and the Plaintiff accordingly.

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