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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, the Plaintiff’s enforcement bond law firm, concluded a delegation contract with C Co., Ltd. (hereinafter “C”) on the case of claiming restitution of unjust enrichment at this court, and filed a lawsuit against C on March 5, 2014 against the Defendant as the litigation representative of C, but C unilaterally withdrawn the said lawsuit without relating to May 28, 2014.
The above litigation delegation contract provides that "if the plaintiff voluntarily withdraws a lawsuit after investing a considerable effort for the management of delegated affairs and the imported house voluntarily withdraws the lawsuit, it shall be deemed as a winning case and the contingent fee shall be paid."
On April 16, 2015, the Plaintiff filed a lawsuit against C seeking the payment of KRW 100 million, which is a part of the claim amount, such as contingent fees calculated pursuant to the above provision (this Court 2014da203159) and its delay damages (this Court 2014da203159), and won the judgment was rendered as a confession. The judgment became final and conclusive around that time
B. On June 26, 2015, the Plaintiff issued a seizure and collection order (hereinafter “instant seizure collection order”) against “15,805,721 won out of the unjust enrichment return claim or damage claim, which was received by C based on an invalid loan for consumption under Article 31(1) of the Trust Act, against the Defendant,” with the said final judgment as an execution claim, and at the same time, issued a seizure and collection order (hereinafter “subsan District Court 2015TTT 51367,”) against the Defendant. The said decision was served on the Defendant.
C. On July 7, 2004, C is the implementer of the business agreement and trust agreement between C and the defendant, and the settlement thereof, which newly constructs and sells an apartment on the 14 parcel of land, such as D in Yangyang-si, and C is a trust between C and the defendant on the ownership of the above parcel of land. The defendant selected a construction company and sold the building on the above parcel of land, and pays the amount calculated by deducting related expenses from the proceeds from the sale to C as the beneficiary.