beta
(영문) 서울중앙지방법원 2016.02.18 2015가합541138

추심금

Text

1. The Defendant’s KRW 311,696,271 among the Plaintiff and KRW 269,322,519 among the Plaintiff, shall be KRW 42,373,752 on April 14, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in the wholesale and retail business of medical appliances with the trade name “C,” and the Hyundai MSMMMMM corporation (hereinafter “MSMMM”) is engaged in the medical equipment brokerage business, etc.

The defendant has been using medical equipment, etc. from MSMM while operating the hospital.

B. The Plaintiff is against MSMM on January 22, 2014.

In order to preserve the claims described in paragraph (1), the provisional attachment order was issued in the amount of the present balance among the claims for the amount of goods and the amount of the claims for the price of goods to be paid by MSMMMM to the Defendant. The provisional attachment order was served on the Defendant around that time.

C. On March 25, 2015, the Plaintiff filed a claim for the payment of goods (Seoul Central District Court 2014Gahap540367, Seoul Central District Court 2015), and the said court rendered a judgment to pay the Plaintiff 230,64,620 won and damages for delay.

The appeal by MSO was dismissed on November 27, 2015, and the above judgment became final and conclusive around that time.

(1) When requesting a collection order prior to the provisional seizure and the collection order, the Plaintiff applied for a collection order to the same effect as the amount claimed, making the additional KRW 53,884,859 as the amount claimed.

Seoul Central District Court 2015TTTT 10079, which was issued on April 9, 2015 (hereinafter “instant collection order”), was served on the Defendant on April 13, 2015.

(2) In addition, the Plaintiff filed an application for a collection and seizure order to the same purport with the amount claimed as KRW 42,373,752.

On December 18, 2015, the Cheongju District Court 2015 Other Doz. 51583, the order (hereinafter “instant order”) was issued, along with the instant order of collection No. 1, and was served on the Defendant on December 22, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination 1.