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(영문) 부산지방법원 2017.10.19 2016가단338460
추심금
Text

The defendant shall pay to the plaintiff KRW 145,285,217 as well as 5% per annum from June 15, 2016 to August 18, 2016 and the next day.

Reasons

Facts of recognition

On April 28, 2016, the Plaintiff filed a lawsuit against the Daejeon District Court Hongsung Branch 2015Gahap2017 for the claim for the purchase of goods against the Plaintiff Company B (hereinafter “Nonindicted Company”), and the judgment was rendered that “the Plaintiff shall pay to the Plaintiff the amount of KRW 264,496,397 with interest of KRW 6% per annum from December 1, 2015 to December 21, 2015, and interest of KRW 15% per annum from the next day to the date of full payment,” which became final and conclusive around that time.

(hereinafter “Related Judgment.” On December 14, 2015, the Plaintiff, as the Defendant on the part of the non-party company and the non-party company, was served on the non-party company as the Defendant on December 14, 2015, with respect to KRW 200,000,000, out of the goods price claim against the Defendant of the non-party company (hereinafter “the seized claim of this case”), the Daejeon District Court rendered a provisional attachment order of claim 2015Kadan814 (hereinafter “the provisional attachment order of this case”), and the above order was served on the Defendant on the 16

On May 13, 2016, the Plaintiff received the seizure and collection order, which transferred the provisional seizure of the above claim to the principal seizure from the Daejeon District Court Hongsung Branch Branch 2016TTT1210, and the said order was served on the Defendant on the 20th of the same month.

D, which operates wholesale and retail business of electric materials, etc. under the trade name of C (hereinafter “small and medium enterprise”) had increased sales and taxes were paid in lots. On August 1, 2012, a non-party company was incorporated by designating the non-party company as its representative director and the non-party actually operated the same office.

On November 2, 2015, the Defendant sent to the public notice demanding the cooperation of the transaction partner by issuing a tax invoice on October 5, 2016, on the grounds of “the purpose of confirming the balance of the year due to the occurrence of the reason for the higher credit rating in the process of the Defendant’s credit rating and coordinating the cash flow rating”, and Nonparty 1 as shown in the attached Form, on December 8, 2015.

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