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(영문) 서울중앙지방법원 2014.05.01 2012가합104095
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs the agricultural product brokerage and wholesale business, and the Plaintiff is a corporation that runs the business of distributing, processing, and selling agricultural products. The Defendant is not only the business of manufacturing, processing, and selling food materials, such as agricultural, fishery, and livestock products, but also the business of group meals, food service, and food service.

B. From April 20, 2012, the Plaintiff supplied YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY ACTYYYYYYYY, and the Plaintiff: (a) from September 20, 2012, the Plaintiff: (b) from September 10, 2012, a copy of a promissorysory deed in amount to KRW 534 million at face value; (c) a copy of a promissory deed in amount to KRW 52 million at face value (No. 52, 2012.).

C. On October 25, 2012, the Plaintiff received a claim amounting to KRW 482,60,870 as to the claim amount against the third parties, including the Defendant in Taewon District Court, Sungwon District Court Branch 2012TTTTT 13504, based on the authentic copy of the authentic copy of the authentic copy of the promissory note as above, with the amount of claim amounting to KRW 482,60,870, and the Defendant received the original copy of the decision on the seizure and collection order on October 29, 2012.

On November 13, 2013, the Plaintiff, based on the authentic copy of the authentic deed of a promissory note as above, received a claim amounting to KRW 72 million with respect to the claim for the purchase price of goods against the Defendant of Suwon District Court, Sung-nam Branch, 2013TTT 14580, and received a seizure and collection order with respect to the claim amounting to KRW 72 million, and the Defendant received the original copy of the decision on the seizure and collection order on November 13, 2013.

【Ground of recognition】 The fact that there is no dispute, entry of Gap 1 through 4, 7, and 8 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring special circumstances, the defendant shall pay to the plaintiff the collection amount of KRW 372 million, which the plaintiff seeks within the scope of the total amount of claims to be seized according to each of the above collection orders.

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