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(영문) 인천지방법원 2015.09.22 2014나53653

기타(금전)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 31, 2012, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) regarding the non-party company’s claim for the amount of KRW 84,000,000 against the non-party company’s Defendant on the basis of the payment order for wage and retirement allowance case No. 2012 tea and retirement allowance case No. 2014, Aug. 31, 2012 against the non-party company (hereinafter “non-party company”). The above order was served on the Defendant on September 4, 2012.

B. On February 25, 2008, the Defendant entered into a production contract with the non-party company on May 20, 2008, setting the price for the high-level multi-air storage devices (excluding value-added tax) at KRW 600,000,000 for the high-level multi-air storage devices (excluding value-added tax) and on May 20, 2008, and maintained transactions between the non-party company and the non-party company by January 6, 2010, including the completion of the duty to supply the above device at around May 20, 2008, and thereby caused ombudsman’s claim for the total amount of KRW 685,938,000 for the Defendant of the non-party company as of January 6, 2010 (hereinafter “instant claim for the purchase price of goods”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including various numbers), and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff, the collection creditor of this case, the amount of KRW 84,00,000, which was deducted from KRW 685,938,00, which was deducted from KRW 120,000,000, which was deducted from the deduction of the plaintiff according to the defendant's repayment prior to service of the seizure and collection order of this case, from KRW 565,938,00,000, which was the claim amount of the seizure and collection order of this case, and delay

3. Judgment on the defendant's assertion

A. The judgment of the Defendant on the assertion of repayment did not pay KRW 70,000,00 to the non-party company prior to the delivery of the seizure and collection order of this case.