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(영문) 인천지방법원 2015.04.10 2014가단60049

추심금

Text

1. The Defendant shall pay to the Plaintiff KRW 84,083,804 and the interest rate of KRW 20% per annum from October 31, 2014 to the date of full payment.

Reasons

1. Facts recognized;

A. The Southern F&C Co., Ltd. (hereinafter “SF”) has a claim for the price of goods equivalent to KRW 96,381,210 against the Defendant.

B. Based on the original judgment rendered by the Suwon District Court Decision 2013Ga7269 decided on the non-party company, the Plaintiff received a seizure and collection order for KRW 84,083,804 from the non-party company’s claim for the amount of KRW 96,381,210 against the non-party company’s Defendant, which was based on the original judgment rendered by the Suwon District Court Decision 2013Ga7269, and the said original judgment was served on the Defendant on May 15, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the collection amount of KRW 84,083,804 and damages for delay calculated at the rate of 20% per annum from October 31, 2014 to the day of complete payment, which is the day following the delivery of a copy of the application for modification of the purport of the claim of this case.

3. The defendant's assertion and decision on this, the defendant asserts that the defendant's claim for the price of goods was extinguished by offsetting the defendant's claim against the non-party company such as the cost of repairing the goods.

However, there is no evidence to acknowledge that the defendant has a claim against the non-party company as alleged above. Therefore, the defendant's assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is reasonable and thus the plaintiff's winning judgment is pronounced.