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(영문) 서울남부지방법원 2019.02.14 2017가단236729

추심금

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company whose business purpose is medical appliances, medical supplies wholesale and retail business, etc.

The defendant has changed the name of the current trade name from C Co., Ltd. to the current trade name in 2007 and merged D Co., Ltd in 2009.

(hereinafter referred to as “Defendant” both through the change of name and the merger before and after the merger.

On September 5, 200, Nonparty E is the Seoul Northern District Court G (hereinafter “Nonindicted Foundation”), the debtor’s non-party medical corporation G (hereinafter “Nonindicted Foundation”), the third debtor, the defendant, the medical expenses or insurance money, and the claims amounting to KRW 331 million, and the attachment of claims and all orders.

② On October 4, 200, the same court H issued a non-party foundation, a third debtor I Co., Ltd., medical expenses or insurance money, etc., claim amounting to 500 million won, and a seizure of claim and an order in whole.

C. On the other hand, on August 29, 2013, the Plaintiff also issued a collection order under the Seoul Northern District Court Decision 2013TTTT15282, under which: (a) the debtor foundation, the garnishee, the defendant, the claim for payment of insurance money and the claim for return of the amount of the seized claims; (b) the claim amounting to 100 million won; and (c) the debtor foundation, the third debtor, the defendant, the claims for the seized claims, the claims amounting to 1,484,830,313, the claims amounting to 1,484, 313, and the collection order were issued.

Each of the above collection orders was served on the defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 3 through 5, and 9 (including virtual number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The summary of the plaintiff's claim is that the defendant bears not less than KRW 200 million obligations to the non-party foundation. Thus, the plaintiff's first ground for claim

C. ① The Plaintiff is obligated to pay KRW 100 million and its delay damages to the Plaintiff in response to a partial claim for the collection related thereto.

B. The decision-making plaintiff is characterized by the claim that the defendant bears to the non-party foundation.