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(영문) 서울중앙지방법원 2016.07.20 2015나38599

추심금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 11, 2011, the Plaintiff received a payment order with the purport that “C shall pay to the Plaintiff KRW 113,721,100 and any delay delay damages therefrom” in the Suwon District Court case No. 201j4383, Jun. 28, 201. The said payment order became final and conclusive on July 28, 2011.

B. On December 15, 201, the Plaintiff received the claim attachment and collection order (hereinafter “instant seizure collection order”) with respect to “the amount equivalent to 30,000,000 won out of the claim for the cost of the goods, which C had against the Defendant’s original business owner from October 201 to April 12, 200,” and “the amount equivalent to 12,000,000,000 won out of the claim for the cost of the goods,” and “the amount from April 2011 to 12,00,000,000,000 won out of the claim for the cost of the goods,” which C had against Defendant B.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3, purport of whole pleading

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff received the instant seizure collection order against C’s respective claim for the purchase price of goods. Therefore, the Defendants are obligated to pay the Plaintiff the collection amount as stated in the respective claim.

B. According to the above facts, the part of “the first 30 million won out of the price of the goods supplied to the Defendant’s original business owner after October 201, 201,” and “the first 12 million won out of the price of the goods supplied by C to Defendant B after April 201.” However, in full view of all the evidence shown in the instant argument, the amount of the claims under the effect of the instant order for the collection of seizure shall be deemed to be the part “the first 12 million won out of the price of the goods supplied by C to Defendant B after April 201.” However, in full view of all the evidence shown in the instant argument, C shall be deemed to have been delivered to the Defendant’s original business owner after October 201, and the amount of the goods supplied after April 201, the amount of the claims.