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(영문) 광주지방법원 2020.11.11 2020나50743

제3자이의

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The plaintiffs' appeal is dismissed.

The costs of appeal are assessed against the plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the allegations added by the plaintiffs in this court, and therefore, it is identical to the reasoning of the judgment of the first instance. Thus, it is acceptable to accept this case as it is in accordance with the main sentence of Article 420

2. Additional determination

A. The plaintiffs' assertion ① The claims collected by the defendant from the non-party company were entered into on December 12, 2018, and the claim for the settlement of accounts for raising livestock for the meat shipped on January 10, 2019 (hereinafter "claim for the settlement of accounts of this case"). The plaintiff B entered into a land-based standard contract with the non-party company around January 9, 2019, and shipped the land to the non-party company on January 10, 2019. Thus, the claim for the settlement of accounts of this case is not D but the plaintiff B's claim for the non-party B.

② In addition, the non-party company accrued after January 10, 2019 with the shipment of the instant settlement payment claim upon the shipment of January 10, 2019. The Defendant’s collection order was served on the non-party company on December 31, 2018. The Defendant’s collection order of this case did not exist the instant settlement payment claim at the time of delivery of the instant collection order, and the future claim is not specified as the object of the instant collection order, and thus, it does not affect the seizure and collection order of the instant settlement payment claim.

Nevertheless, the defendant collected the claim of this case based on the collection order of this case. The defendant is obligated to pay to the plaintiffs 23,944,541 won, which is the amount equivalent to the collection amount due to the return of unjust enrichment and delay damages.

B. We examine the Plaintiffs’ assertion 1.

The parties to the contract of this case are as seen earlier, and according to the evidence No. 1 of this case, if DNA raises a satisf and raises a satfling machine using materials such as pathology and feed supplied by the non-party company under the contract of this case, and ships the whole amount thereof to the non-party company, the non-party company shall settle the cost of raising the satfing machine and settle the settlement amount to D within 25 business days from the date of