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(영문) 창원지방법원밀양지원 2019.04.03 2018가단12645
양수금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. D, around April 2016, entered into a contract with F Co., Ltd. (hereinafter “F”) on the Adong Construction to newly construct a multi-household house Adong and B Dong on land, etc. in Yangyang-si E, and entered into a contract with F Co., Ltd. (hereinafter “G”) on the Bdong Construction.

B. From the Defendant’s representative H (hereinafter “H”), around June 2016, F entered into a subcontract with the Plaintiff, setting the amount of the construction cost as KRW 69,300,000 for the Changho Construction among the New Construction Works, and around G and B around September 2016, with the amount of construction cost as KRW 57,20,000 for the Changho Construction, etc. among the New Construction Works.

(hereinafter referred to as “instant construction”). (C) The construction works performed by the Defendant upon entering into a subcontract.

On December 20, 2016, the Defendant completed a provisional attachment order (hereinafter “provisional attachment”) on December 20, 2016 with regard to the land and above-ground buildings (hereinafter “instant land and buildings”) owned by D, with the claim claim amounting to KRW 12,3,700,000,000 for the instant construction cost claim No. D. D.

J purchased the instant land and buildings from D on December 26, 2016, and completed the registration of ownership transfer on the 27th day of the same month.

E. The J demanded the Defendant to cancel the execution of the provisional seizure of this case, and the Defendant stated, “The Defendant would cancel the execution of the provisional seizure of this case if the balance of the construction price of this case is due to the cause of 69,300,000,000 won.”

The J paid 69 million won to the defendant on July 13, 2017, and the provisional seizure was revoked on July 17, 201.

F. The J asserts that D has a claim for return of unjust enrichment of KRW 69 million to the Defendant on August 28, 2018, because D did not bear the obligation to pay the construction price of this case on behalf of D in subrogation of D, and that it has a claim for return of unjust enrichment of KRW 69 million to the Defendant. The following day after transferring the claim to the Plaintiffs on August 28, 2018.

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