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(영문) 광주지방법원 2016.02.16 2015가단23500

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff had against B, as to B, a claim for KRW 112,215,802 based on the payment order finalized in order for the payment order, which became final and conclusive in Cheongju District Court 2014,235, the Cheongju District Court 2014,235, and the damages for delay thereof. However, with title B’s claim as the debtor and the Defendant’s third debtor, the fact that the Plaintiff issued a seizure and collection order for KRW 120,201,695, which was served on the Defendant on March 20, 2015, by issuing a seizure and collection order for the claim amount of KRW 120,201,69.

2. According to the following: (a) the extinguishment of the collection claim of the Party B (including the serial number) and the witness B’s testimony, the claim for the price of the goods against the Defendant of the Party B subject to the above seizure and collection order may be recognized as having been fully repaid on or around March 2, 2015, which was prior to the service of the Defendant of the seizure and collection order.

3. According to the conclusion, the prior plaintiff's claim for the collection of this case is dismissed on the different premise as above. It is so decided as per Disposition.