추심금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
1. The court of first instance accepted the part of KRW 14,184,120 among the plaintiff's claim and dismissed the remainder of the claim. Since only the defendant appealed against the part against the defendant in the judgment of the court of first instance, the scope of party members' trial is limited to the part against the defendant in the judgment of the court of first instance.
2. Basic facts
A. The Plaintiff, while operating a personal company with the trade name of “B” and “C”, purchased cocks from “cocks” (hereinafter “cocks”). Around February 2012, the Plaintiff agreed to be supplied with cocks from “cocks” and to supply cocks with cocks after the cocks work (hereinafter “instant agreement”). The amount of cock supplied after the cocks work was determined to be 71% of cocks.
(B) The defendant's request was modified to 68% during the settlement process.
B. From February 17, 2012 to April 12, 2012, Cock Food supplied primary meat to the Defendant via Dock Blue Refriger Co., Ltd., and Stock Industry Co., Ltd., and the Defendant supplied primary meat to the Defendant from February 20, 2012 to May 1, 2012 pursuant to the above agreement.
C. On June 7, 2013, the Plaintiff received a seizure and collection order (Ulsan District Court 2013Kadan1396 claim for provisional seizure order) against the Defendant of Cockh as the claim amounting to KRW 50 million. The Plaintiff received a seizure and collection order (Ulsan District Court 2013 Tadan6954 claim and collection order) against the Defendant of Cockh as the claim amount. The above seizure and collection order was served on the Defendant on June 10, 2013.
[Ground of recognition] Facts without dispute, Gap 1, 2, 6, 7, 9, 13, and 14, the purport of the whole pleadings
3. The allegations and judgment of the parties
A. The main point of the parties’ assertion is 95,160 g (=6,344 x 15 g) cocks supplied to the Defendant, and the Defendant must supply cocks with 64,708.8 km (=95,160 x 0.68) after cocks.