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(영문) 울산지방법원 2015.05.22 2015가단327
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 is a company engaged in the manufacturing of machinery and equipment and gold-type business. A is an individual entrepreneur engaged in the manufacturing of gold-type, tools, etc. with the trade name of “B”.

B. As the Plaintiff did not receive the price of the goods during the transaction with the Plaintiff, the Busan District Court rendered a judgment on October 29, 2013 that “A shall pay to the Plaintiff 69,845,732 won and the interest rate of 20% per annum from October 13, 2013 to the day of complete payment,” which became final and conclusive around that time.

C. Based on the above final and conclusive judgment, the Plaintiff filed an application for the seizure and collection order on the amount of money up to KRW 72,486,475 (i.e., the principal amount of KRW 69,845,732 and interest KRW 2,640,743) among the goods cost for manufacturing, supplying and receiving various machinery, equipment, parts, electrical and electronic equipment, etc., which the obligor A had against the Defendant, a third party obligor, as the Ulsan District Court 2014TT106, and received a collection order (hereinafter “the collection order of this case”) from the above court on January 27, 2014.

The instant collection order was served on February 3, 2014 on the Defendant.

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

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is obligated to pay the collection amount and damages for delay to the plaintiff, except in extenuating circumstances.

B. As to this, the defendant asserts to the effect that, before being served with the collection order of this case, prior seizure order exceeding the amount of claims against the defendant of this case was served, and the corresponding amount was repaid by all deposit of the corresponding amount.

In light of the fact that the above A sought to pay the amount of KRW 27.5 million to the Defendant, which is recognized by the entry of the evidence No. 3, the amount of the goods was issued.

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