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(영문) 수원지방법원안산지원 2019.10.16 2018가단11572
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 6, 2011, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) under which the 120,000 sn beamline to be used by the Plaintiff to be used at the site of the Drown-gu Seoul Metropolitan Government (hereinafter “instant construction site”) was set at KRW 120,000 per ton for the next three months, and around that time, transferred the hn beamline to C 52.74 tons.

B. On August 3, 2011, E Co., Ltd. (hereinafter “E”) entered into a contract with C on the lease of 300 tons of the sn beam 300 tons to be used in the instant construction site at the instant construction site at KRW 120,000 per ton for the next three months, and delivered the sn beam of 324.934 tons in total to C from September 28, 201 to March 8, 2012.

C. E recovered the beam beam of 370.866 tons from April 7, 2012 to September 7, 2012 at the instant construction site.

The Plaintiff asserted that the 45.754 tons of E’s 45.74 tons of the sn beam beamline it leased was owned by the Plaintiff, and that E acquired it without a legitimate title, and filed a lawsuit against E to pay KRW 34,315,50 of its value and delay damages therefor (U.S. District Court 2016Na51474). On November 24, 2016, the Plaintiff was sentenced to the judgment (hereinafter “instant judgment”).

The instant judgment became final and conclusive on March 30, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1-3 and purport of whole pleadings

2. The plaintiff alleged and determined that the defendant, the representative director of E, closed the business of E and establishes and operates the Private Business Chain F in order to evade the claim for the judgment amount of this case. Thus, the defendant cannot deny his liability on the ground that he is a legal entity separate from E.

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