beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
Facts of recognition
The Plaintiff received a collection order based on the Plaintiff’s claim against C (hereinafter “C”) from the Seoul Southern District Court 2013da40740, the Seoul Southern District Court 2015, May 22, 2015, based on the executory exemplification of the execution recommendation decision of the purchase price of goods, the Plaintiff received a decision that C transferred the provisional attachment of KRW 16,790,080, to the Defendant, and seized KRW 6,927,054, and that the Plaintiff may collect the seized claim (Seoul Southern District Court 2015 TaT8273, hereinafter “the first collection order of this case”). The said decision was served on the Defendant on June 15, 2015.
On May 22, 2015, the Plaintiff received a collection order based on the Plaintiff’s claim against Ns.O. (hereinafter “Ns.”) from Ns.O. (hereinafter “Ns.”) on the basis of an authenticated copy of the judgment in Seoul Southern District Court Decision 2013Mo21707 Decided May 22, 2015, based on which Ns.O. (22,582,222 won of the goods price claim that the Defendant would receive from the Defendant was transferred to a provisional attachment, seized KRW 9,353,729, and seized the goods price claim amounting to KRW 9,353,729 (Seoul Southern District Court Decision 2015T. 2015T. 8275, hereinafter “the second collection order”). The above decision was served on the Defendant on June 15, 2015.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 3, 4, 6 (including branch numbers; hereinafter the same shall apply), Gap's existence of seized claim(collection claim) as to the cause of claim as a whole of the pleadings, Gap's evidence Nos. 8 through 10, 14 through 16, Eul's evidence Nos. 1 through 3, and Eul's testimony and pleading as a witness E of the court of first instance, and Eul has a claim against the defendant for the price of goods of KRW 31,890,750 (=the price of goods claim KRW 69,390,750 - the amount repaid to the defendant KRW 37,50,000), and NAO has a claim against the defendant for the price of goods of KRW 38,092,913.