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(영문) 수원지방법원 2018.09.12 2017가단19674
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an order to pay KRW 231,806,300 for the purchase price of goods with the Suwon District Court Decision 2017Da999 against Tae Young-gu Co., Ltd. (hereinafter “Seo Young-si”) and the payment order was finalized on May 25, 2017.

B. After that, based on the above order of payment, the Plaintiff received the order of seizure and collection (hereinafter “instant order of seizure and collection”) against the non-party company’s claim for the purchase price of goods against the Defendant of the non-party company (U.S., Yangyang Environment Co., Ltd.) with the amount claimed as KRW 201,806,309, which was based on the Daejeon District Court’s 201,800, and the said order was served on the Defendant on June 12, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is that the non-party company holds a claim against the Defendant for the amount of KRW 170 million.

Therefore, the defendant is obligated to pay to the plaintiff as the collection right holder KRW 170 million.

B. The creditor of the collection must prove the existence of the debtor's claim against the third debtor in a lawsuit claiming the collection amount. In full view of whether the non-party company's claim against the defendant exists, Eul evidence Nos. 5-1 and 2-2, and the whole purport of the pleading in the witness's testimony, it is recognized that the non-party company completed the above construction by being awarded a contract from the defendant to the non-party company for the construction of 104,50,000 additional PPJT (hereinafter "the construction of this case") on April 6, 2017, for the semiconductor Lee Hacheon-cheon Shan's semiconductor 14 PH.1, CAPA, 140,000 won (including value-added tax).

Thus, the non-party company holds a claim for construction cost of KRW 104,500,000 against the defendant.

Therefore, there is no evidence consistent with the plaintiff's assertion that the amount of the construction price claim of this case (hereinafter referred to as "the construction price claim of this case") and its amount exceeded 170,000,000 won.

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