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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or each of the statements in Gap evidence Nos. 1, 2, 3-3, Gap evidence No. 4-1, 2, 3, Gap evidence No. 5-1, 2, 3, Eul evidence No. 6, Eul evidence No. 1, 2, Eul evidence No. 1, 2, Eul evidence No. 1, 2, 1, 2, and 3 can be acknowledged in full view of the purport of the whole pleadings:
In the course of remitting the price of goods to C Co., Ltd., which is the business partner, the Plaintiff, erroneously, remitted the amount of KRW 3,245,000 to the Industrial Bank of Korea account (Account Number E; hereinafter referred to as “instant account”) of D Co., Ltd. (hereinafter referred to as “Nonindicted Company”) (hereinafter referred to as “Nonindicted Company”) which is the former business partner, as well as KRW 3,245,00 on October 19, 2018, and KRW 8,800,000 on November 9, 2018, and KRW 385,000 on December 18,
(hereinafter “each error remittance of this case”)
B. With respect to each error remittance of this case, the Plaintiff filed a lawsuit against the non-party company seeking restitution of unjust enrichment with the Daejeon District Court’s 2019Kadan100406, and was sentenced on May 29, 2019 to the effect that “the Defendant (the non-party company) would pay KRW 12,430,000 to the Plaintiff.”
On January 3, 2019, the Plaintiff filed the lawsuit as above and received a provisional seizure order against the claim under the Daejeon District Court Branch of Daejeon District Court 2018Kadan1565, with the debtor as the non-party company and the third debtor as the Industrial Bank of Korea.
C. Meanwhile, on December 31, 2016, the old-U.S. Tax Office under the Defendant’s Republic of Korea issued a notice of the attachment of the claim against the non-party company by seizing the amount including the amount to be deposited at the present and in the future in relation to the account of the non-party company’s instant case, including the amount to be deposited at the present and in the future as a result of the non-party company’s delinquency in tax payment. The notice was served to the Industrial Bank of Korea around that time.
The defendant National Health Insurance Corporation shall also take May 20, 2019.