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(영문) 서울북부지방법원 2017.04.12 2016나5397
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Around January 2013, gold-type and PCB Manufacturing Chain Co., Ltd. supplied the Defendant with BIGROOM GHT 20W et al.

On January 31, 2013, Lone Star Co., Ltd issued an electronic tax invoice of KRW 14,439,700 for the claim for the purchase price of goods to the Defendant.

On February 28, 2014, Lone Star Co., Ltd. issued an electronic tax invoice of KRW 7,219,850 to the Defendant, which revises the amount of the said tax invoice.

B. On December 1, 2015, the Plaintiff received the order of seizure and collection on the claim for the purchase price of goods of KRW 14,439,700, which is held by the Defendant by the Suwon District Court, with the title of execution of the notarial deed on the Cost of Goods of KRW 14,439,70, which is held by the Defendant, from the Suwon District Court. The said order was served on the Defendant on January 19, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the collection amount of KRW 7,219,850, and damages for delay calculated by the rate of 15% per annum from April 21, 2016 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.

3. In conclusion, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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