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Reasons
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(영문) 대전지방법원 2018.05.29 2018나662
추심금
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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. Facts of recognition;

A. On December 29, 2014, the Defendant entered into an agreement on the supply of high-speed enzymco with Esco (hereinafter “Esco”) and received a supply of high-speed enzymco equivalent to KRW 700,000,000 in total from Esco from June 17, 2015 to July 11, 2016.

B. On March 7, 2017, the Plaintiff received a provisional attachment order with respect to the above high-speed effective loan claim against the Defendant Aysco’s Defendant (hereinafter “instant claim”) with the debtor Esco and the third debtor’s claim amounting to KRW 22,875,674 (hereinafter “instant claim”), and the instant order was served on the Defendant on March 10, 2017.

C. On March 30, 2017, the Plaintiff filed a lawsuit against ASCo to claim the price of goods, and rendered a judgment that “Esco shall pay to the Plaintiff 22,875,674 won and the amount calculated by the rate of 15% per annum from February 3, 2017 to the date of full payment (the amount to be paid)” (the foregoing judgment became final and conclusive as of April 18, 2017.

On May 15, 2017, the Plaintiff transferred the claim that was provisionally seized on the basis of the above final judgment to the original seizure. Of the instant claims, the Plaintiff was issued a seizure and collection order that additionally seizes KRW 911,893 out of the instant claims (the instant order was served on the Defendant on May 19, 2017).

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 3 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, barring any other circumstances, the Defendant is obligated to pay to the Plaintiff, a collection obligee, 23,787,567 won out of the instant claim (=2,875,674 won, 911,893 won), and delay damages.

3. Judgment on the defendant's defense for repayment

A. From June 17, 2015 to December 19, 2016, the Defendant’s instant claim against Esco.

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