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(영문) 울산지방법원 2016.09.20 2016가단15104

운송료

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 May 16, 2016, Geum River ELM Co., Ltd. (hereinafter “ Geum River ELM”) received a decision on provisional seizure of claims against the Defendant in relation to KRW 65,88,385 of the claim against the present industry (hereinafter “on-site industry”) (Seoul District Court Decision 2016Kadan3359), and on May 19, 2016, a decision on provisional seizure of claims was served on the Defendant.

1) The Geum RiverM filed a lawsuit against the Defendant on June 30, 2016 on the merits of the lawsuit seeking the price of goods, and the judgment was finalized as it is (the Busan District Court Decision 2016Dadan25399). The Geum RiverM was an executive title on August 26, 2016, and the amount of KRW 69,108,159 is the claim amount, and the provisional attachment was transferred to the original attachment as to KRW 65,88,385, out of the claim for the price of goods against the Defendant in the present industry, and the claim and collection order was issued (the Busan District Court Decision 2016Ma17250, Busan District Court Decision 2016Ma17250), and the seizure and collection order was served on the Defendant around that time.

B. On June 1, 2016, the present industry transferred to the Plaintiff a claim of KRW 38,306,50 among the claims against the Defendant against the Defendant, and on June 2, 2016, the present industry served to the Defendant on June 3, 2016 by notifying the Defendant of the assignment of claims.

C. On June 3, 2016, the present industry transferred its claim of KRW 26,506,546 among the claim against the Defendant and KRW 1,604,339, to Jinsethyl Co., Ltd. (hereinafter “Jinsethyl”), and notified the Defendant of the assignment of the claim on June 14, 2016, and notified the Defendant of the assignment of the claim, and at that time the notification of the assignment of the claim reaches the Defendant.

Daesung, Inc., on June 15, 2016, received the decision of provisional seizure against the claim of KRW 7,446,57 among the claim against the defendant of the present industry.

(Resan District Court 2016Kadan4364). e

A received on July 13, 2016 a decision on provisional seizure of claims against the Defendant of the present industry in the amount of KRW 5,715,402.

(Ulsan District Court 2016Kadan1975). (f) The Defendant asserts on August 18, 2016 that the obligation to the present industry was KRW 28,110,885, and the deposited person was the transferor or the obligor.