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(영문) 춘천지방법원 2014.12.09 2013가단16858
부당이득금
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 22, 2012, the Plaintiff agreed with the Defendant to transfer the Defendant’s claim of KRW 22 million out of the construction cost claim for the mechanical facilities of the education center B, which the Defendant had against the NAS Integrated Construction Co., Ltd. (former Co., Ltd., Ltd., Ltd., hereinafter “instant company”) (hereinafter “instant assignment agreement”).

B. Around September 21, 2012, the Defendant agreed to settle the balance of the claim amount for machinery and equipment and machinery and fire fighting construction works at KRW 63.7 million between the instant company and KRW 30.5 million, and the Defendant agreed to deposit the settlement amount to the Korea Credit Information Company, which is the Defendant’s claims collection agency of Fienenenna Co., Ltd. (hereinafter “instant settlement agreement”).

C. The instant company deposited KRW 30,500,000 to the Korea Credit Information Company on September 27, 2012 in accordance with the instant settlement agreement.

On November 14, 2012, the Plaintiff notified the instant company of the instant transfer by content-certified mail. However, on November 27, 2012, the Plaintiff responded to the effect that the instant company paid all of KRW 30.5 million to the Korea Credit Information Company in accordance with the instant settlement agreement, and that the Plaintiff did not have any obligation to perform its obligation to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6, and 8's statements, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff alleged that the Plaintiff cooperates with the Plaintiff, the assignee of the instant claim, such as the Defendant’s notification of the assignment of claims to the instant company pursuant to the instant claim assignment agreement, but sought unjust enrichment amounting to KRW 22 million and damages incurred to the Plaintiff by asserting that the instant settlement agreement was made between the instant company and the Plaintiff without any legal cause, and that the Plaintiff suffered losses equivalent to the same amount.

(b) Each entry into the judgment feet, No. 6 to 9, and No. 12 to 14.

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