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(영문) 울산지방법원 2020.10.21 2019가단101952
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. 1) Defendant, C, D, E, F, and G (hereinafter “Defendant, etc.”)

(2) On May 11, 2017, the Plaintiff’s shareholder filed an application with the Plaintiff for a provisional disposition and indirect compulsory performance with respect to the Plaintiff’s entry of the head of the account, cash, and cash assets (from January 1, 2014 to December 31, 2015) by the head of the account, cash, and cash assets (from January 1, 2016 to December 31, 2016) among the (Account) of the statement of financial position among the Plaintiff’s statement of tax settlement with the Ulsan District Court 2018Kahap10458 (hereinafter “the instant provisional disposition order”). The Ulsan District Court made a decision of acceptance with the following contents (hereinafter “the instant provisional disposition order”).

1) During the business hours from 09:00 to 18:00 of the original copy of the decision on provisional disposition of this case, the Plaintiff’s perusal and copy of the attached list 1 at the office of the Plaintiff, etc. or his/her agent (including reproduction by using photographs and computer auxiliary devices).

2. The execution clause, seizure and collection order 1) The provisional disposition order of this case was served on the Plaintiff and the Defendant, etc. on November 7, 2018. The Defendant, etc. filed an application for grant of execution clause based on the provisional disposition order of this case on December 10, 2018 and obtained the execution clause of this case on December 19, 2018 on the ground that the Plaintiff violated the duty under the provisional disposition order of this case for 30 days on the ground that the Plaintiff violated the duty under the provisional disposition order of this case.

2) Furthermore, on December 21, 2018, the Defendant, etc.: (a) the amount claimed as the U.S. District Court 2018TTTT 20,000,000 won under the U.S. District Court 201136; and (b) the Plaintiff’s deposit and insurance claim against the financial institution, including H, Co., Ltd., Ltd.; and (c) the seizure and collection order.

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