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(영문) 춘천지방법원원주지원 2016.12.22 2015가단8840

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 31, 2014, the Plaintiff filed an application with the Suwon District Court for a payment order seeking payment of KRW 25,115,200 in relation to the Alpha system (hereinafter “ Alpha system”) and KRW 6% per annum from the next day to the day of delivery of the original copy of the payment order, and KRW 20% per annum from the next day to the day of full payment, and KRW 29,300 in relation to the procedure of demand.

On January 19, 2015, the above court issued a payment order with the same content, and the above payment order was served on the Alpha system on February 9, 2015.

The Alpha system did not object to the above payment order, and the above payment order was finalized on February 24, 2015.

(hereinafter referred to as "a final and conclusive payment order". B.

The Plaintiff filed an application for provisional seizure of KRW 20,115,200 with a claim for goods price (the amount up to the claim amount of the instant claim out of the goods price claim to be supplied by the obligor Alpha system to the Defendant and the Alpha system to the Defendant) with the Alpha system against the Defendant in Suwon District Court 2014Kadan202190 (the claim amount is KRW 25,115,200), and the said court rendered a decision of provisional seizure of the same content as of December 8, 2014.

(hereinafter “instant provisional attachment”). The instant provisional attachment ruling was served on December 9, 2014 on the Defendant.

C. The Plaintiff, as the title of execution of the instant payment order in Suwon District Court 2015TTT21518, issued a seizure and collection order by designating KRW 20,115,200 as a bond to seize KRW 20,115,200 (the amount until the claim amount in this case, among the claim for goods payment, to be supplied to the Defendant by the obligor Alpha system to the Defendant, and the Alpha system is to be supplied to the Defendant) with the title of execution of the instant payment order against the Defendant.