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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Determination as to the cause of claim
A. Fact 1) The Plaintiff is a company that manufactures and sells automobile parts and products. The Defendant is a company that collects and transports wastes (animal residues). 2) The Plaintiff lent KRW 100,000,000 to Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”) on January 8, 2013.
After that, the Plaintiff filed an application for a payment order with the Cheongju District Court Branch 2014Ra74 seeking the payment of the above loans and damages for delay thereof, and received the payment order (hereinafter “instant payment order”) from the above court on January 20, 2014. The instant payment order was finalized around that time.
3) On November 1, 2012, the Defendant entered into a sales contract by-products from the non-party company to be supplied with the animal area by October 31, 2016, and was supplied with the by-products from the non-party company by July 4, 2013. The price for by-products from the money supplied by the non-party company is KRW 124,645,600 (hereinafter referred to as the “the price for by-products from the non-party company’s purchase of by-products from the non-party company’s purchase of by-products from the non-party company.
(4) The Plaintiff filed an application for the seizure and collection order regarding the instant goods payment claim with the Cheongju District Court Branch 2014TTTTTT3239, as the claim amounting to KRW 50,000,000 among the claims based on the instant payment order.
On November 7, 2014, the above court accepted the above application and issued a seizure and collection order, and the above order was served on November 11, 2014 to the defendant.
5) The Plaintiff filed an application for a seizure and collection order concerning the instant goods payment claim with the Cheongju District Court Branch 2015TTT 504, as the claim amount, under the above payment order. The above court accepted the above application on February 23, 2015, and issued a seizure and collection order, and the above order was served on the Defendant around that time. [Grounds for Recognition] The above order was served on the Defendant at the time of absence of dispute.