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(영문) 춘천지방법원 2018.05.02 2017나50376
추심금
Text

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. Basic facts

A. On June 12, 2014, the Defendant made and supplied the Defendant with the Alpha system (hereinafter “ Alpha system”) and Alpha wave system with TL/PL assembly and inspection equipment, and the Defendant entered into the instant supply contract with the content that the Alpha system shall pay KRW 245,00,000 (Additional Tax Classification) to Alpha system. Accordingly, the Defendant paid KRW 203,350,000 (including Additional Tax) in total, including KRW 80,850,00 on April 16, 2014; KRW 73,50,000 on July 31, 2014; KRW 49,000,000 on September 1, 2014.

B. On January 9, 2015, the Plaintiff filed an order for payment with the Suwon District Court, Olsan District Court, 2014Guj5881, and issued an order for payment with respect to the Alpha system, “The Alpha system is served on the Plaintiff at the rate of 25,115,200 won per annum from December 31, 2014 to the service date of the original copy of the payment order, 6% per annum from the next day to the day of full payment, and 29,300 won per annum from the next day to the day of full payment,” and the above payment order was served on the Alpha system on February 9, 2015.

The Alpha system did not object to the above payment order, and the above payment order was finalized on February 24, 2015.

(hereinafter referred to as "a final payment order" is the instant payment order (c).

On the other hand, on December 8, 2014, the Plaintiff filed an application for provisional attachment with the Suwon District Court 2014Kadan202190, with the obligor Alpha system against the Defendant under the instant supply contract (the amount until the claim is filed, out of the claim for the price of goods to be supplied by the obligor to the third obligor and the obligor’s claim for the price of goods to be paid by the third obligor) 20,115,200 won (hereinafter “the claim for the price of goods in this case”) as the claim for provisional attachment (the claim amount is KRW 25,115,200), and the said court rendered a provisional attachment order with the same content as on December 8, 2014.

(hereinafter “instant provisional attachment”). The instant provisional attachment ruling was served on December 9, 2014 on the Defendant. D.

The plaintiff is Suwon District Court.

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