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(영문) 대구지방법원 2018.01.25 2017나8065

추심금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On February 28, 2017, the Plaintiff filed an order for payment with the Suwon District Court Decision 2017Guj335 against the Hanwon District Court (hereinafter “Nonindicted Company”). The payment order was finalized on March 25, 2017.

B. 1) The non-party company is a production and supply contract under which the Defendant would produce and deliver gold punishment to the Defendant (hereinafter “instant contract”).

(2) The Defendant received the penalty from the non-party company and delivered it to the ELD (LGD) under the instant contract.

3) Around March 17, 2017, the Defendant made an agreement between the Nonparty Company and the non-party Company that “the remainder of the Defendant’s claim amount for the ELD panel (55 million won) minus the amount deducted from the amount reduced from ELD panel shall be paid as the price for supply under the instant contract to the non-party company” (hereinafter “instant agreement”).

(C) On April 5, 2017, the Plaintiff issued a seizure and collection order (hereinafter “instant collection order”) with the content that the Nonparty Company seizes and collects KRW 97,846,336, out of the price of supply under the instant contract to the Defendant, based on the payment order stated in the foregoing A. (hereinafter “instant collection order”) and the content that the Nonparty Company would seize and collect KRW 97,846,336 of the price of supply under the instant contract.

On April 7, 2017, the collection order of this case was received and delivered to the Defendant on April 4, 2017. D. After that, the Defendant and LD D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D Dd Dd Dd Ddd Dddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd