추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff filed a lawsuit claiming a contract amount against A and B with the Gwangju District Court Decision 2015Da47827 and sentenced that “A and B jointly and severally paid to the Plaintiff 171,610,356 won and the amount equivalent to 5% per annum from October 10, 2015 to July 8, 2016 and 15% per annum from the next day to the date of full payment.”
B. On December 9, 2015, the Plaintiff, as the Gwangju District Court 2015Kadan4913, issued a provisional attachment order on KRW 130,00,000 of the claims for the payment of goods under a contract for the supply of hot water set from July 1, 2015 to the present date (hereinafter “the first provisional attachment order”), and the said provisional attachment order was served on the Defendant on December 10, 2015.
C. On December 23, 2015, A notified the Defendant of the assignment of the said assignment of claims on the same day as the grounds that A entered into a contract on the assignment of claims of KRW 280,000,000 with the Defendant against the Defendant, and the Defendant received the notification of the said assignment of claims on December 24, 2015.
C. On January 15, 2016, the Seoul Southern District Court Decision 2016Kadan20100 for the provisional seizure of claims (hereinafter “the second provisional seizure order”) was issued on the amount equivalent to KRW 280,00,000 out of the amount of the amount of the claim for each set supplied to the Defendant A and B from January 1, 2015 to December 31, 2015. The provisional seizure order was served on the Defendant on January 19, 2016.
E. As to the amount equal to KRW 40,000,000 out of the amount of goods payment claim against the Defendant at Sungwon District Court Sung-nam Branch 2016Kadan93, Suwon District Court Decision No. 2016, May 1, 200, the provisional attachment order of claim is below the third provisional attachment order.
The above provisional attachment ruling was served on January 22, 2016 on the defendant.
F. The Defendant is obligated to pay KRW 42,293,097 for the goods to A and B. The Defendant served a notice of assignment of the goods with the first or third provisional attachment decision and Samhoco Co., Ltd., and the transferor becomes A in the notice of assignment of the goods.