추심금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of “ad hoc judgment” as stated in paragraph (2) below, and thus, the reasoning of the court of first instance is as stated in the part of the reasoning of the court of first instance. Thus, this is cited in accordance with the main sentence of
2. Additional determination of the trial;
A. The Plaintiff’s assertion is that the Defendant paid KRW 286,363,637 to D Co., Ltd. (hereinafter “D”) as service costs, which constitutes “payment or repayment of the Defendant’s investment to D.”
According to the purport of Gap evidence No. 6 and all pleadings, the defendant may recognize the fact that the defendant paid the sum of KRW 286,363,637 to D as service costs from January 1, 2016 to September 30, 2016. However, in light of the following circumstances acknowledged by Gap evidence No. 22 and Eul evidence No. 2 and the purport of the whole pleadings, the above payment cannot be deemed to constitute "payment or repayment of investment funds to D," and thus, the plaintiff's above assertion is without merit.
① The phrase “the Defendant’s repayment or repayment of the investment amount to D” as indicated in the instant provisional attachment order refers to the Defendant’s repayment of the investment amount received from D. As such, the Defendant’s payment of the service cost in return for the service performed by D does not fall under this.
② Article 7 of the enforcement agency contract of this case provides that the project funds of this case shall be executed in the order of various expenses, such as taxes, public charges, and charges, etc. project funds, financial companies or construction works loan funds, construction works, and other expenses related to the project of this case. Article 10 of the enforcement agency contract of this case provides that all other expenses, etc. incurred in relation to the project of this case shall be treated as expenses incurred in relation to the project of this case. The payment by the defendant to D of the above service expenses constitutes execution of
B. The Plaintiff’s assertion is D.