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(영문) 수원지방법원평택지원 2020.06.23 2019가단7186
추심금
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. There is no dispute between the parties to the judgment as to the cause of the claim, or according to the overall purport of the statements and arguments in Gap evidence Nos. 1 and 2, the plaintiff has a claim for mechanical costs of KRW 27,720,00 and damages for delay pursuant to the final judgment in Suwon District Court Decision 2018Da30728 decided on mechanical costs, which became final and conclusive, and the plaintiff has a claim for the money costs of KRW 27,720,00 and damages for delay. The plaintiff applied for a provisional seizure and collection order as to the claim for the money costs of mechanical facilities against the defendant of the defendant of the defendant of the defendant of the defendant of Suwon District Court as the claim amounting to KRW 32,022,196 according to the above judgment, and on August 21, 2019, the defendant applied for a provisional seizure and collection order as to the claim for the money costs of mechanical facilities against the defendant of the defendant of the defendant of Suwon District Court, and seized KRW 27,7200,20.

According to the above facts, the defendant is obligated to pay to the plaintiff the collection amount of KRW 32,022,196 and delay damages of KRW 27,720,000, except in extenuating circumstances.

2. On the judgment of the defendant's defense, the defendant asserts that, as the defendant's contract for the manufacture and supply of machinery and equipment with C was rescinded in accordance with the defendant's notification on December 31, 2018, the claim for the payment of machinery and equipment against C was extinguished, and accordingly, the plaintiff's claim for the seizure and collection order of this case also becomes invalid, the defendant is not obligated to pay the collection

According to the whole purport of the statements and arguments in Eul evidence Nos. 1 through 9 (including branch numbers for those with serial numbers), the defendant manufactured machinery and equipment between C and C on May 24, 2017.

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