beta
(영문) 대구지방법원 2017.08.08 2017가단13189

추심금

Text

1. The Defendant: (a) KRW 50 million and the Plaintiff’s annual rate from May 9, 2017 to August 8, 2017, and the next day.

Reasons

1. The Plaintiff asserted that the Plaintiff filed an order for the seizure and collection of the claim against the Defendant of the Nonparty Company with respect to KRW 97,846,336 on the basis of the original copy of the payment order finalized by the Suwon District Court Decision 2017Hu335, Suwon District Court Kimcheon-gu 2017TTTT144, which became final and conclusive for the payment order for gold production against the Defendant of the Nonparty Company, and issued the above court the order for the seizure and collection of the claim from the said court. On April 7, 2017, the above order was served on the Defendant, who is the garnishee.

Therefore, the defendant is obligated to pay to the plaintiff the above collection amount of KRW 97,846,336 and damages for delay.

2. Comprehensively taking account of the respective descriptions and arguments as to Gap evidence Nos. 1 and 2, the plaintiff filed a claim attachment and collection order against the non-party company based on the original copy of the payment order finalized for the gold production price with respect to the non-party company's gold production and supply contract, and issued a claim attachment and collection order from the above court. On April 7, 2017, the above order was served on the third debtor. The defendant delivered the above gold punishment from the non-party company and delivered the above gold punishment to LELD. The defendant is obligated to pay the non-party company a reduced amount of KRW 50 million (ordinaryly KRW 510% to 4% to the non-party company), and the defendant is obligated to pay the remaining amount of KRW 50 million to the non-party company as the price for supply (the above amount shall be reduced to KRW 50 million to 50 million to the non-party company. Thus, the defendant is obligated to pay the remaining amount of KRW 50 million to the plaintiff.

In addition, there is no evidence to acknowledge the claim for collection amount corresponding to the price of delivered goods in excess.