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(영문) 서울남부지방법원 2020.01.08 2019가단218657
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. On December 7, 2018, the Plaintiff: (a) placed a claim for the amount of KRW 44,004,241 against Nonparty C Co., Ltd. (hereinafter “C”) as a preserved right; and (b) provisionally seized “the sales proceeds claim against the Defendant based on the consignment contract” (hereinafter “instant provisional attachment”).

The instant provisional attachment ruling was served on December 12, 2018 on the Defendant.

B. The Plaintiff received a payment order against C as the cause of the claim for the above preserved right (Yancheon District Court Branch 2018Hu8420, Jincheon Branch 2018) and received a payment order against C, and as to KRW 44,004,241 out of the claimed amount as the enforcement title, the provisional seizure of this case was transferred to the principal seizure, and as to the remainder of KRW 1.738,321, the Plaintiff received a seizure order (as to KRW 1.738,321, stating that “the sales proceeds of the goods held by C against the Defendant based on the consignment sale contract,” which additionally seizes “the sales proceeds of the goods held by the C against the Defendant based on the consignment sale contract” (hereinafter “the seizure order of this case”).

The instant collection order was served on April 4, 2019 on the Defendant.

【Evidence of Evidence Nos. 1 and 2】

2. Determination

A. According to the above facts, barring special circumstances, the defendant is obligated to pay the plaintiff KRW 45,742,562 according to the seizure collection order of this case and delay damages.

B. The defendant's assertion 1) The defendant's claim for the price of goods against the defendant C against D (hereinafter "D") prior to the provisional seizure of this case.

(2) As the instant provisional attachment and seizure collection order were transferred, the following facts can be acknowledged in full view of the following facts: (a) evidence Nos. 3-5, Eul’s evidence Nos. 5-7, the fact of recognition Nos. 5-7, and the fact-finding results of the fact-finding conducted by this court as to D. D as of December 28, 2017: (b) No. 3588, Dec. 28, 2017.

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