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(영문) 광주지방법원 2016.03.18 2015나7912

추심금

Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. Judgment of the court of first instance shall be rendered;

Reasons

1. Basic facts

A. On May 23, 2012, C Co., Ltd. (hereinafter “C”) issued to Plaintiff A a promissory note with a face value of KRW 66,00,000,000, issue date May 23, 2012, and due date for payment. On June 15, 2012, the said promissory note was drafted at the commission of C and Plaintiff A, an authentic deed No. 3259, a notary public’s joint office document No. 3259, 2012.

Plaintiff

A, on January 22, 2014, the Gwangju District Court 2014TTTT1421, and based on the above notarial deed, A received a collection order for the amount of KRW 66,00,000 among the claims for disposal of waste (construction) disposal service charges for the Defendant (the former trade name before the alteration) of the Nam-gu Office, Nam-gu, Seoul. The above order was served on the Defendant on the 23th day of the same month.

B. On September 30, 2013, C issued one promissory note with a face value of KRW 15,000,000, issue date September 30, 2013, and one promissory note with a sight payment due date. As to the said promissory note, C and B’s commission on October 11, 2013, the authentic deed No. 4027, 2013 was drafted on the part of the Plaintiff Company.

Plaintiff

B, on February 7, 2014, the Gwangju District Court 2014TT2290, and based on the above notarial deed, C was issued a seizure and collection order (in addition to the seizure and collection order of the above paragraph (a), hereinafter “instant claim seizure and collection order”) against C’s claim for KRW 15,000,000 among the claims for disposal of waste (construction) and service charges for the Defendant. The above order was served on the Defendant on the 10th of the same month.

C. On the other hand, on November 1, 2013, C concluded a contract with the Defendant for the (i) waste disposal (construction) disposal (hereinafter “instant service”) on the date of the seizure and collection order of the instant claim (hereinafter “instant service contract”), and (ii) performed the instant service.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7 (including virtual numbers; hereinafter the same shall apply), Eul evidence 4-1, and the first instance court.