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(영문) 수원지방법원 2019.07.18 2018나80711

추심금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into a contract for the supply of goods with D and flass parts, etc. (hereinafter “instant contract for the supply of goods”). From December 2016 to September 2017, the Defendant paid KRW 131,951,380 out of the price for the supply of goods to D, and the Defendant paid KRW 100,042,131 out of the said price to D from January 25, 2017 to December 26, 2017.

B. On November 16, 2017, the Plaintiff received a provisional attachment order of KRW 43,452,097 (hereinafter “decision on provisional attachment No. 1 of this case”) from among the claim for the supply of the goods in this case that D had against the Defendant as an Ansan District Court Branch Decision 2017Kadan101964, and the said decision was served on the Defendant on November 20, 2017.

C. On December 27, 2017, the Plaintiff filed a lawsuit against D seeking the payment of rent, etc. under the Suwon District Court’s Ansan Branch 2017da67219, and filed a lawsuit against D, and the said decision became final and conclusive upon receiving a settlement recommendation order with respect to “D shall pay the Plaintiff KRW 43,452,097 and damages for delay at the rate of 15% per annum from December 5, 2017 to the full payment.”

On January 29, 2018, the Plaintiff received a seizure and collection order (hereinafter “instant first collection order”) with the purport of collecting KRW 874,94 from among the claims for the supply price of the goods of this case by transferring the instant provisional seizure to the original seizure under the above court 2018TT 100724, and attaching the claims of KRW 874,994 among the claims for the supply price of the goods of this case (i.e., KRW 43,452,097, KRW 874,994) on January 30, 2018. The above collection order was served on the Defendant on January 30, 2018.

E. On February 6, 2018, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff claims performance according to the instant collection order, and the said certificate of content is the same year.

2. 7. The service was made to the Defendant.

F. G Co., Ltd.: (a) On September 20, 2017, Suwon District Court Decision 2017Kadan101608, Inc., Ltd., was D to the Defendant.