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(영문) 부산고등법원 2015.11.05 2014나54090

추심금

Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts recognized;

A. (1) On July 26, 2012, the Plaintiff filed a lawsuit (the title after the change) against B Co., Ltd. (hereinafter “B”) to claim the purchase of goods (the Busan District Court 2012Gahap4537) and rendered a judgment that “B shall pay to the Plaintiff 108,484,33 won and the amount calculated at the rate of 6% per annum from January 13, 2012 to June 8, 2012, and 20% per annum from the next day to the day of complete payment.” The above judgment became final and conclusive on September 7, 2012.

(2) On March 26, 2012, the Plaintiff: (a) received a decision on provisional attachment of claims against the deposit claim that B owned by Busan District Court 2012Kahap499 as to the claim amounting to KRW 108,484,333; (b) on March 26, 2012, the original copy of the decision on provisional attachment was sent on March 26, 2012, and was served on the Defendant on March 28, 2012. At the time of delivery of the provisional attachment, B had a deposit claim of at least KRW 108,484,333 against the Defendant.

(3) On April 2, 2013, the Plaintiff received a decision to order the seizure and collection of the claim to transfer the instant provisional seizure to the principal seizure, and the original copy of the said decision was served on April 5, 2013 on the Defendant. < Amended by Act No. 11873, Apr. 5, 2013>

B. The Defendant’s provision of the Defendant’s loan claims and the basic terms and conditions of bank credit transactions with B (1) did not arrive at the maturity of the Defendant’s loan claims (as of March 26, 2012, each due date as of February 28, 2014 and April 20, 2012, evidence B, etc.) under the following basic terms and conditions of bank credit transactions with B. However, at the time of delivery of the provisional attachment, the Defendant did not arrive at the maturity of the loan claims as of March 26, 2012.

Serial number loan amount of KRW 100,000,000 on May 15, 2014, M 200 on March 2, 2009, KRW 200,000,000 on March 2, 2009, KRW 2N 300,000,000 on March 9, 2009, KRW 230,000 on March 9, 2009, KRW 230,000,000 on March 9, 200, KRW 230,000 on March 9, 200, KRW 110,000 on KRW 110,00 on March 9, 200, KRW 110,000 on KRW 110,000,00 on KRW 110,000,00 on June 30, 200;