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(영문) 울산지방법원 2015.11.11 2015가단56856

추심금

Text

1. The Defendant’s KRW 10,010,00 for the Plaintiff and the following: 5% per annum from July 14, 2015 to November 11, 2015.

Reasons

1. Basic facts

A. On March 26, 2015, the Plaintiff: (a) as the U.S. District Court 2015Kadan624, the Defendant was the third obligor, and the Defendant was the third obligor; (b) Hyundai Qol Co., Ltd. (hereinafter referred to as the “Momer”) received a provisional attachment order against KRW 64,519,212, out of the amount of goods to be received from the Defendant; and (c) the said decision was served on the Defendant on March 30, 2015.

B. On June 12, 2015, based on the original copy of the order for payment of goods for the claim for the sale price of the goods in the Ulsan District Court No. 2015 tea 1745 against Hyundai Port, the Plaintiff was issued a collection order for the seizure and collection of the goods transferred the above provisional seizure to the original seizure and additionally seized KRW 1,417,730 out of the price of the goods (hereinafter “mortgage seizure collection order”). The above order was served on the Defendant on June 17, 2015.

C. On February 27, 2015, Hyundai Port supplied goods equivalent to KRW 74,60,000 (value-added tax 7,460,000) to the Defendant. On March 16, 2015, the Defendant received an electronic bill number 088201503160,0000, face value and maturity amount 82,060,000, and the electronic bill (hereinafter “first bill”) to Hyundai Port was issued to the Defendant on May 15, 2015 (the payment of goods is deemed to have been issued for the payment of goods, as there is no evidence to acknowledge the special agreement between the parties concerned), and Hyundai Port transferred the first bill by dividing it, and the payment of the amount equivalent to KRW 42,060,00 for the Daegu Bank Co., Ltd. (hereinafter referred to as the “Tgu Bank”) to the Defendant’s bill was received and paid as the payment of the bill.

(s) 40,000,000 Ss. are paid to the last holder without dispute).

Momerpo supplied the Defendant with the goods equivalent to KRW 9,10,000 (excluding KRW 910,000 of value-added tax) on March 25, 2015, and KRW 17,100,000 of value-added tax on March 17, 2015, and KRW 1,710,000 of value-added tax (excluding value-added tax) on March 15, 2015. The Defendant on April 15, 2015, issued an electronic bill number A, face value 28,820,000, and maturity.