청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 11, 2017, Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) and the Defendant concluded a contract on the supply of goods to be sold by the Plaintiff when the Defendant supplied flusium, etc. to the Plaintiff.
Plaintiff
On January 26, 2017, Plaintiff A, the representative of the Plaintiff Company and the Plaintiff Company, issued to the Defendant a promissory note with face value of KRW 200,000,000 and at sight of the due date, and on the same day, a notary public drafted a notarial deed to the effect that a notary public recognizes compulsory execution under the said Promissory Notes No. 22, 2017 (hereinafter “notarial deed of this case”).
B. From January 16, 2017, the Plaintiff Company continued to engage in the transaction from the Defendant’s purchase of goods and payment of the price thereof. On October 19, 2017, the Defendant issued a transaction statement to the Plaintiff Company that supplied the following goods, and issued a tax invoice on October 31, 2017 with the same content.
(hereinafter referred to as the “instant transaction”). The unit price for the quantity of goods (cost) E 4 115,80 463,200 F 240 23,000 5,520,000 G 9,750 50,170 50,407,507,500 H 12,804 12,100 21,828,400 I 96 12,100 1,161,60 122,570 J 22,570 K 202,570 202,570 42,5704,514,003,917,270
C. As the Defendant did not receive the price of the goods from the Plaintiff Company due to the instant transaction, the Defendant filed an application for a seizure and collection order as to the Plaintiffs’ deposit claims, etc. under the Incheon District Court 2017TTTT No. 2017TTT 31002, and the Seoul Western District Court 2017TTT 1258, and issued a collection order on December 22, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 8, 9 evidence, Eul evidence 1, 3, 4 and 13, and the purport of the whole pleadings
2. The assertion and judgment
A. On October 19, 2017, the Defendant asserted that the Plaintiff was entitled to KRW 83,917,270 in total according to the instant transaction.