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(영문) 대전지방법원천안지원 2017.06.30 2016가합101986
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 190,00,000 and the interest rate of KRW 15% per annum from August 10, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff supplied “SERVO” to A (hereinafter “A”) from January 31, 2014 to February 27, 2015, as necessary for the factory automation.

B. The Plaintiff filed a lawsuit against A seeking the payment of the unpaid amount of KRW 748,255,119 as the Daegu District Court 2015Kahap202166, as it did not receive the price of the goods as above, and subsequently received a favorable judgment on June 12, 2015.

The above judgment became final and conclusive on July 2, 2015.

C. On October 24, 2014, the Defendant entered into a contract for the supply and installation of equipment for the 600 tons integrated robot system with A (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

- Date of supply: Amount supplied on February 25, 2015 - KRW 370 million - Contract item: 300 million - Contract item automation facilities (items: robot system and ancillary devices, size: 3PR-S-2-11/3-S-200) - Place of supply and delivery conditions for the place of supply installation and delivery: The method of paying down the price at the Defendant’s designated factory: The contract price (50%) on October 24, 2014: The intermediate payment (30%) on February 25, 2015 at the time of the contract: The balance (20%) on March 5, 2015 at the time of equipment storage: Within 10 days after the completion of trial operation.

D. On March 19, 2015, the Plaintiff (Seoul District Court 2015Kadan3032) filed an application for provisional attachment against the Defendant for the provisional attachment of KRW 330 million out of the equipment cost claim possessed by A pursuant to the instant contract with the Defendant, and received a decision of provisional attachment (hereinafter “instant provisional attachment”). The said provisional attachment ruling was served on March 20, 2015 on the Defendant.

On July 15, 2015, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) from the Daegu District Court 2015TTTT District Court 2015TTTTT202166 based on the final judgment of the instant case. The said order was served on the Defendant on July 17, 2015.

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