수리 대금 지급 청구
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts are companies engaged in gold-type business, other scamball scam, etc., and the defendant concludes a gold-type supply contract with a large-scale fish company, such as C Co., Ltd. (hereinafter “C”) and supplies them.
D Co., Ltd. (hereinafter referred to as “Nonindicted Company”) is a subsidiary established on December 31, 2012 by the Defendant for the repair and alteration of gold punishment, which is supplied to C.
On October 1, 2014, the Plaintiff entered into a contract to pay 95% of the remainder after deducting an amount equivalent to 5% of the repair amount received from C as installment payments from the Plaintiff (hereinafter “instant contract”).
The non-party company did not pay goods for August and September in accordance with the instant contract, and the Plaintiff filed a lawsuit seeking the payment thereof.
On January 11, 2018, the Gwangju District Court rendered a favorable judgment in favor of the Plaintiff: “The Company shall pay to the Plaintiff 354,876,482 won with interest of 15% per annum from November 24, 2017 to the date of full payment,” and this judgment became final and conclusive as it is.
(B) On April 17, 2018, the Plaintiff collected KRW 110,054,927 from the Industrial Bank of Korea, KRW 47,049,328 from E, and KRW 124,041,291 from C, and KRW 86,046,543, respectively, on June 8, 2018, upon receipt of an order for seizure and collection of the said judgment as executive titles.
The non-party company did not pay the amount of goods from October 2017 to April 2018, and the plaintiff filed a lawsuit seeking the payment again.
The Gwangju District Court rendered a judgment on December 6, 2018 for the Plaintiff as to KRW 674,589,00 and KRW 517,393,00 among those as to KRW 517,393,00 from May 3, 2018, and KRW 157,196,00 from July 4, 2018.