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(영문) 부산지방법원동부지원 2019.04.10 2015가단207565
부당이득금반환
Text

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

2. Of the litigation costs, the costs are between the Plaintiffs and Defendant C.

Reasons

1. Basic facts

A. The plaintiffs' contract price claim 1) E among the "F Construction Works (3 Sections) ordered by Busan Metropolitan City," the Corporation for Home Facilities (hereinafter "the instant Construction Works").

G and H (hereinafter collectively referred to as “G, etc.”)

(2) With respect to the instant construction project, Plaintiff A leased and transported steel materials to E, but did not receive KRW 79,949,305 in total of the steel rental fees and transport charges. Plaintiff B supplied steel materials, etc. to E, but did not receive KRW 59,736,299 in the supply price.

B. Defendant C’s provisional attachment execution 1) On April 3, 2015, as Busan District Court 2015Kadan2122, Defendant C’s loan claim KRW 143 million against E (hereinafter “instant loan claim”).

2) As to the claim for construction cost against G, etc., E as the preserved right, the provisional attachment order for the provisional attachment of the claim for construction cost against G, etc. (hereinafter “instant provisional attachment order”).

(2) On April 9, 2015, Defendant D was served on G, etc. on April 8, 2015, and on April 27, 2015, as the Busan District Court Decision 2015Kadan2332, Defendant D, on April 9, 2015, as the right to preserve the loan claim amounting to KRW 20 million on March 27, 2013 (hereinafter “loan Claim 2”). The provisional attachment ruling was served on April 13, 2015 and April 14, 2015.

C. 1) Many creditors, including the Defendants, filed a provisional attachment of claims against the claim for construction cost against the Defendants, E, etc., and G, etc. deposited the construction cost to be paid to E. 2) The Busan District Court J for the deposited money, and the Busan District Court K for the deposited money (hereinafter “each dividend procedure of this case”) for the deposited money.

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