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1. Suwon District Court Decision 2012Kadan206117 decided October 19, 2012 against the Defendant’s Plaintiff.
Reasons
1. Facts of recognition;
A. On August 8, 2012, Nonparty C filed a lawsuit against the Plaintiff for the payment of the goods price of KRW 90,211,475 with Suwon District Court Branch Branch 2012da206117 and damages for delay, thereby winning C in full.
The Plaintiff appealed as Suwon District Court 2012Na39780 on June 11, 2014, and the above appellate court rendered a judgment on the cancellation of the part against the Plaintiff ordering payment in excess of the amount ordered to be paid as follows, and dismissed C’s claim corresponding to the cancellation part. The Plaintiff rendered a judgment that “The Plaintiff shall pay C the amount of KRW 42,140,625 and the amount calculated at the rate of 5% per annum from September 2, 2012 to June 11, 2014, and 20% per annum from the next day to the date of full payment.”
The above judgment of the appellate court became final and conclusive at that time as the appeal was not filed within the period of appeal.
(hereinafter referred to as "the execution of this case" in the above judgment of the court of first instance and the judgment of the court of second instance.
C On July 10, 2014, the Defendant transferred the claim against the Plaintiff based on the instant judgment to execute the instant case, and sent a certificate of content to the Plaintiff on July 11, 2014, notifying the Plaintiff of the assignment of claims, and the content certification reached the Plaintiff on July 16, 2014.
The Defendant was granted the succeeding execution clause on September 17, 2014 with respect to the judgment to be executed on the basis of the foregoing assignment of claims.
C. Nonparty C filed an application for provisional seizure against the claim with the Seoul Central District Court 2012Kadan4753 with the debtor, the plaintiff, etc. as the garnishee, and received a provisional seizure order regarding C’s claim for damages (such as product price, official apparatus price, and cold and hot water temperature price). The provisional seizure order was served on the plaintiff on November 26, 2012.
Since then, Hartjin beverage Co., Ltd. acquires executive titles and takes C as the debtor, the plaintiff, etc. as the third debtor, the Seoul Central District Court.