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1. The Defendant’s compulsory execution based on No. 56 of the No. 2014 against the Plaintiff is denied.
Reasons
1. Facts of recognition;
A. On January 27, 2014, the Plaintiff: (a) agreed to deliver the instant letter and money (hereinafter “C”) to C Co., Ltd. (hereinafter “C”); (b) received KRW 100 million as advance payment of the price of goods from C; (c) on February 7, 2014, upon C’s request, drafted a notarial deed stating the purport of accepting compulsory execution based on the said advance payment claim (hereinafter “notarial deed”).
In addition, on May 14, 2014, the Plaintiff received additional payment of KRW 20 million from C as advance payment for goods.
B. From January 24, 2014 to December 27, 2014, the Plaintiff supplied via D Company a total of KRW 171,477,800 to C, and received KRW 107,187,160 out of the price of the goods through D.
In addition, from January 2, 2015 to January 13, 2015, the Plaintiff additionally supplied C a total of KRW 3,063,400 to C through D.
C. Upon the discontinuance of transaction with C, the Plaintiff returned KRW 52,645,960 out of the advance payment to C on January 23, 2015.
However, the Defendant: (a) made the instant notarial deed as the title of execution; (b) received KRW 5 million from the Plaintiff’s deposit claim by compulsory execution on or around February 16, 2015; and (c) received KRW 10.4 million from April 21, 2015, by enforcing compulsory execution on the corporeal movables owned by the Plaintiff under this Court No. 2015No328; and (d) received dividends of KRW 10.4 million from April 21, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 13 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. According to the above findings of the determination as to the cause of the claim, the Plaintiff returned 52,645,960 won, which was deducted from the advance payment of KRW 120 million for goods received from C (i.e., the amount of KRW 171,477,800 for goods in 2014 (i.e., the amount of KRW 3,063,40 for goods in 2015 - the amount of goods paid in 107,187,160).