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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff is a creditor who is entitled to KRW 64,576,600 for the amount of goods from Vietnam War Co., Ltd., Ltd. (hereinafter “Berne”), which produces mountain uniforms.
(2) The Defendant is a company obligated to receive the delivery of the mountain uniform from Vietnam and pay the price thereof (hereinafter “the price in this case”).
B. On June 9, 2014, the Plaintiff was determined to provisionally seize the instant claim amounting to KRW 64,576,600 (Seoul Northern District Court 2014Kadan2897, hereinafter “instant provisional attachment”).
The provisional attachment ruling of this case was served on June 19, 2014 to the defendant, who is the garnishee.
(2) On June 23, 2014, the Plaintiff received a payment order (Seoul Northern District Court Decision 2014 tea3157, hereinafter “instant payment order”) against Vietnam, demanding payment of KRW 64,576,60, and delay damages therefrom.
The instant payment order was finalized around that time.
C. The Plaintiff’s seizure and collection (1) on August 6, 2014, as the enforcement title of the instant payment order. 64,576,600 won equivalent to the amount of the instant provisional seizure claim as to the instant payment claim was transferred to the principal seizure, and 762,708 won (=64,576,600 won) was seized and collected (the Seoul Northern District Court Decision 2017,688 won, calculated at the rate of 20% per annum from July 5, 2014 to July 24, 2014).
(2) The instant order of seizure and collection was served on August 8, 2014 to the Defendant, who is the garnishee.
The settlement of the price of this case and Vietnam, the Defendant deducted the amount of KRW 78,376,09 from the amount of KRW 583,376,09,000,000, which was paid by the Defendant, to the amount of KRW 583,376,09, and settled the price of this case at KRW 505,00.
On March 26, 2015, between the defendant and Vietnam.