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1. The part against the defendant in the judgment of the court of first instance, which orders payment below, shall be against the plaintiff.
Reasons
1. Facts of recognition;
A. The status of the parties is as follows: (a) the Plaintiff is operating a wholesale and retail business in the name of “E”; (b) F is a trade name of “G”; and (c) the Defendant operates a processed food wholesale and retail business in the trade name of “J”.
B. The Plaintiff filed an application against F for provisional attachment against F for the Plaintiff’s claim for the amount of KRW 160,952,517 against F as the Plaintiff’s claim for the amount of goods purchase. On March 25, 2016, the Jung-gu District Court rendered a decision of provisional attachment against F regarding F’s claim for the amount of goods purchase price of KRW 15,00,000,000 against F (hereinafter “decision of provisional attachment against this case’s claim”) on the claim for goods purchase price of KRW 15,00,000 against F, and the said decision of provisional attachment was served on the Defendant on March 30, 2016.
C. On June 2, 2016, the Plaintiff filed a lawsuit against F to claim for the payment of goods, and on June 2, 2016, the District Court rendered a judgment that “F shall pay to the Plaintiff the amount of KRW 160,922,889 and interest calculated at the rate of 6% per annum from January 1, 2015 to June 2, 2016, and 15% per annum from the next day to the date of full payment (2014Gahap57836).” The foregoing judgment was finalized on June 24, 2016 as the withdrawal of appeal.
Based on the executory exemplification of the above judgment, the Plaintiff filed an application for the seizure and collection order against F to transfer F the provisional seizure to F to the original seizure, and the district court of Jung-gu issued the seizure and collection order (2016TTTT 54966; hereinafter “instant order”) with respect to F’s claim for the amount of KRW 18,308,621 as to F’s claim for the amount of KRW 17,947,541, Jul. 26, 2016. The above order for seizure and collection was served on the Defendant on July 28, 2016.
E. The Defendant was supplied with goods from F for about three years, and the amount of KRW 7,409,90 was paid to F on March 16, 2016, which led to the remainder of KRW 4,438,090 for unpaid goods by March 31, 2016.
F. The Defendant’s goods worth KRW 4,59,200 from F on April 2016, and goods worth KRW 3,816,600 on May 2016.