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(영문) 수원지방법원여주지원 2015.10.06 2014가단10511
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 45,923,927 and the interest rate of KRW 20% per annum from October 28, 2014 to the day of full payment.

Reasons

1. Basic facts

A. On September 2, 2014, the Plaintiff filed a lawsuit for the payment of the price for goods with the Chuncheon District Court 2014Kadan5622 against the well-dying Food Co., Ltd. (hereinafter “ well-known Company”), and the judgment in favor of the Plaintiff was rendered on September 2, 2014, and the said judgment became final and conclusive around that time.

B. On September 16, 2014, the Plaintiff filed an application for a seizure and collection order as to the claim amounting to KRW 45,923,927 with this court’s enforcement title as the claim amounting to KRW 45,923,927, the debtor company, and the third debtor with the non-party company as the defendant, and filed an application for a seizure and collection order with the non-party company as to the claim for the price for the goods held by the non-party company against the defendant, and this court rendered a ruling of accepting

The above ruling was served on September 22, 2014 on the Defendant.

C. Around November 2014, Nonparty Company filed an application for rehabilitation procedures with the Suwon District Court 2014hap57, and was ordered to commence rehabilitation procedures on December 24, 2014, but was decided to discontinue rehabilitation procedures on May 13, 2015, and the decision became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. As to whether the non-party company, which issued the sales order, has a claim against the defendant for the purchase price of goods stated in the order of seizure and collection, the defendant commenced rehabilitation proceedings against the non-party company as seen below.

In addition to the assertion to the effect that there is a counterclaim, the defendant does not clearly dispute that there was a claim for the price of goods as alleged by the plaintiff against the defendant of the non-party company. Barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of 45,923,927 won collected and the amount calculated at the rate of 20% per annum from the day following the delivery of the copy of the complaint of this case to the day of full payment.

As to this, the defendant changed the plaintiff's claim through rehabilitation procedures against the non-party company or enforced execution by the plaintiff.

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