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(영문) 대구지방법원 2016.07.07 2015가단47027
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. Facts of recognition 1) The Plaintiff is Shindong-Tech Co., Ltd. (hereinafter “Nonindicted company”).

2) On November 2015, 2015, the Plaintiff issued a collection order of KRW 138,598,380 of the non-party company’s various processing fees and goods payment claims against the non-party company as the enforcement bond and the collection order of KRW 138,59,380 among the non-party company’s claims against the non-party company as the vice-branch branch of the Daegu District Court Branch of District Court 2015No. 2014, the said order was served on the Defendant on November 20, 2015.

3) As of September 30, 2015, the non-party company’s claim for the amount of goods against the Defendant as of September 30, 2015 is KRW 68,53,616. [The non-party company’s claim for the amount of goods against the Defendant is without any dispute over the grounds for recognition,

B. According to the above facts, the defendant is obligated to pay the above KRW 68,533,616 to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The defendant's defense of offset against the defendant's damage claim against the non-party company due to defects in the goods supplied by the non-party company to the defendant reaches KRW 134,440,253 (the first 135,213,253 won was reduced). Thus, the defendant asserts that if offset against the above goods payment claim against the non-party company's defendant against the non-party company's automatic claim, the goods payment obligation that the defendant shall pay to the non-party company was extinguished in full.

B. Determination 1) In full view of each of the statements in Eul evidence Nos. 1 and 2-1 through 5, Eul evidence Nos. 3-1 through 4, Eul evidence Nos. 4, 5, 6, 7, Eul evidence No. 8-1, and Eul evidence Nos. 8-2, the fact that there was a defect in the goods supplied by the non-party company to the defendant. Accordingly, the damage claim that the defendant has against the non-party company reaches a total of KRW 134,440,253, and the defendant notified the non-party company of this purport on Nov. 20, 2015. 2) and the above claims are automatic bonds to the defendant of the non-party company.

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