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(영문) 서울남부지방법원 2018.08.17 2017나58067

물품대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is the plaintiff's successor intervenor 9,542,758 won and 83,418.

Reasons

1. Facts of recognition;

A. The Plaintiff sold and delivered to the Defendant a total amount of KRW 318,705,513 from January 2016 to July of the same year.

B. The Plaintiff was paid KRW 235,286,601 out of the amount of goods supplied by the Defendant, and did not receive the remainder of KRW 83,418,912.

C. On September 6, 2016, the Plaintiff filed a lawsuit against the Defendant for the claim for the price of the instant goods with this court. On July 6, 2017, the judgment of the first instance court citing the Plaintiff’s claim was rendered.

Plaintiff

On November 9, 2017, Busan District Court Decision 2017 tea1887, which became final and conclusive against the plaintiff, the heir was issued a decision to seize and assign claims against the plaintiff as to KRW 46,635,205, out of the claim against the defendant of this case against the plaintiff under the Busan District Court Decision 2017 tea 37353, based on the original copy of the payment order for the bill payment and the payment order for the bill payment in the Seoul Central District Court Decision 2017Da37353, Nov. 9, 2017. The above decision was delivered to the plaintiff and the defendant around that time.

E. In addition, the Plaintiff’s succeeding intervenor was issued a decision of seizure and assignment order regarding KRW 54,218,743 of the instant goods payment claim against the Plaintiff on December 5, 2017, which was based on the original copy of the payment order for the bill payment case against the Plaintiff and the original copy of the payment order for the bill payment case from the Namyang-si District Court from the Namyang-si District Court from the Namyang-si District Court from the Namyang-si District Court from the Namyang-si District Court from the Namyang-si District Court from the Namyang-si District Court from the Incheon District Court from the Incheon District Court from 2017TTT10425, and the above decision was delivered to the Plaintiff and the Defendant at that

[The total amount of the claims received by the Plaintiff’s Intervenor on the ground of reference is KRW 100,853,948 (hereinafter “the ground for recognition”). [The ground for recognition] of absence of dispute, Gap evidence 1-1 through 7, Gap evidence 2-1 through 18, Gap evidence 3-1, 2, evidence 4-1 through 7, Gap evidence 4-1 through 7, Gap evidence 7-1 through 10, and the purport of the whole pleadings, and the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim.