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Reasons
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(영문) 대전지방법원 2020.04.08 2017가단223245
추심금
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1. The plaintiff's main claim is dismissed.

2. Claim as indicated in the separate sheet between Defendant B and Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for the purchase of goods, etc. 1) The Plaintiff is Defendant B Co., Ltd. (hereinafter “Defendant B”) around December 28, 2016.

(2) On the ground that “the Plaintiff supplied water pipes, etc. to Defendant B during the period from September 23, 2015 to October 12, 2015, but did not receive the price,” the Daejeon District Court rendered a judgment ordering that “the Plaintiff shall pay the Plaintiff the amount calculated at the rate of 15% per annum from October 13, 2016 to the day of full payment,” and the above judgment became final and conclusive around that time, the Plaintiff received a collection order from the Government District Court Decision 2017Da38723, Aug. 30, 2017 (hereinafter “Defendant B”) with the claim amount as its executive title to KRW 34,469,160, and damages for delay calculated at the rate of 15% per annum from October 13, 2016 to the day of full payment.”

B. The assignment of claims between Defendant B and Defendant C 1) Defendant B on November 3, 2016 (hereinafter “instant claim”).

2) The transfer of the instant transfer to Defendant C, the representative director, was made (hereinafter “transfer of the instant transfer”).

() On November 15, 2016, Defendant C notified E of the assignment of claims. (2) The conciliation was concluded with the purport that “E shall pay to Defendant C the delay damages calculated at the rate of 15% per annum from November 16, 2017 to 15% per annum” on October 17, 2017, including that “E shall pay to Defendant C the delay damages calculated at the rate of 15% per annum from November 16, 2017.”

C. On December 6, 2017, E’s deposit 1 E: (a) the principal and interest of the instant claim to be paid upon the completion of conciliation with Defendant C + KRW 46,500,000 + KRW 401,301,301 + KRW 46,500,000 from November 16, 2017 to December 6, 2017 (34 days) = 46,50,000 + KRW 34/365 x 15 per annum.

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