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(영문) 창원지방법원통영지원 2016.01.15 2014가단13067
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs supplied cement and aggregate to B Co., Ltd. (hereinafter “B”) and supplied the price for cement and aggregate to the Plaintiff Co., Ltd. (hereinafter “S”) with the claim amounting to KRW 67,085,010, and the Plaintiff A with the claim amounting to KRW 172,917,350, and the Defendant also owned the claim amounting to KRW 900,000 against B (hereinafter “the Defendant’s claim”). The Plaintiff owned the claim amounting to KRW 950,502,345 (hereinafter “B’s claim”) with the claim amounting to KRW 172,917,350.

B. On July 12, 2013, the Defendant applied for the attachment and assignment order of the claims against the obligor B and the third obligor to the Changwon District Court 2013TTTT 2640 as to the claim of the Defendant’s claim, and on July 15, 2013, the above court rendered a ruling accepting the Defendant’s application, and the above ruling was served on the construction of treatment shipbuilding, the third obligor, on July 18, 2013.

C. B entered into a contract with C on July 22, 2013 for the transfer of credit (hereinafter “transfer of credit of this case”) and notified the treatment shipbuilding construction sea, and the notification was served as of July 23, 2013.

Plaintiff

Pursuant to his/her claim, the Sung-ju Special Complex filed an application for the seizure and collection order of B’s claim with the Changwon District Court Heading 2014TTT 440 with respect to B’s claim, and the said court rendered a ruling of accepting the Plaintiff’s claim on January 28, 2014. The Plaintiff also filed an application for the seizure and collection order of B’s claim for the construction of the debtor B and the third debtor-paid Marine Construction with the Changwon Special District Court Heading 2014T 439, and the said court filed an application for the seizure and collection order of B and the third debtor-paid Marine Construction with the Defendant’s claim on January 28, 2014, and each of the above decisions was served on the construction of Daewoo Marine Construction, which is the garnishee.

(e) is a garnishee;

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