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(영문) 서울남부지방법원 2017.08.17 2015가단228229

전부금

Text

1. The Defendant shall pay to the Plaintiff KRW 51,538,564 and the interest rate of KRW 15% per annum from June 30, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff’s transfer, seizure, etc. of the instant claim 1) The Plaintiff made the Japanese Steel Co., Ltd. (hereinafter “Seoul Steel”).

(2) As of December 3, 2012, the Japanese Steel Co., Ltd. supplied steel products to the Defendant and owned a claim for the purchase of goods of KRW 1,765,614,713. (2) The Japanese Steel Co., Ltd. had a claim for the purchase of goods of KRW 51,538,564 against the Defendant (hereinafter “instant claim”).

On December 3, 2012, the Japanese Steel Co., Ltd. was processed with the final subdivision on December 3, 2012. On November 27, 2012, 2012, the instant claim was transferred to CNethyl Co., Ltd. (hereinafter “CNethyl”). On December 13, 2012, the notice of assignment was issued to the Defendant. On December 5, 2012, the instant claim was transferred twice to the New Steel Co., Ltd. (hereinafter “New Steel”), and the said notice of assignment was issued to the Defendant on December 6, 2012.

3) Meanwhile, with respect to the instant claim, an order of provisional attachment, or seizure and collection was issued as follows. An obligee’s provisional attachment or seizure and collection order was issued: (a) On the date of receipt of the Defendant of the order of collection, Plaintiff Suwon District Court Decision 1: (b) the date of delivery of the obligee’s provisional attachment or seizure and collection of the instant claim to the Defendant; (c) on December 2, 2012, the Plaintiff Suwon District Court Decision 2012Kadan4391 (No. 2012Kadan4391, Dec. 26, 2012 (hereinafter “Driyang Steel”)

(2) On January 18, 2013, the Defendant deposited the Defendant’s repayment deposit of KRW 51,538,564,564, which was based on the fact that, on December 26, 2012, Suwon District Court Decision 2012Tho Steel Co., Ltd. (Seoul District Court Decision 2012Tho Steel Co., Ltd.) KRW 7802, the Defendant deposited the Defendant on January 4, 2013, KRW 2013 KRW 2015,538,564, which was KRW 51,564, the Defendant paid the amount of the instant credit to the deposited person on May 18, 2013, as KRW 126, KRW 2013, KRW 51,538,564, which was the fact that the deposited person actually offered the price of the goods to the deposited person.

(hereinafter “instant reimbursement deposit”) . 2 building steel units consisting of Suwon District Court Decision 2013TTT 2551.

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