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(영문) 서울중앙지방법원 2015.05.15 2015가합6734
물품대금
Text

1. The Defendant’s KRW 469,034,80 for the Plaintiff and KRW 6% per annum from January 1, 2015 to February 2, 2015.

Reasons

From July 2013 to October 2013, 2013, the Plaintiff supplied the Defendant with clothing equivalent to KRW 590,871,500, but the Defendant did not pay KRW 469,034,80 out of the price does not conflict between the parties.

Therefore, the defendant is obligated to pay to the plaintiff 469,034,80 won for clothes and damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 1, 2015 to February 2, 2015, which is the delivery date of the original copy of the payment order in this case, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

In this regard, the defendant asserts that the plaintiff provisionally attached the claim against the defendant's business partner in order to preserve the claim for the above goods price, and that the defendant deposited 454,054,142 won with the amount of deposit for release from sea, and that the above 454,054,142 won and the plaintiff's claim for the above goods price are offset.

However, the deposit money is only a substitute for the object of provisional seizure, and it does not cause the effect of repayment or cause the debtor to have any claim against the creditor.

(However, the plaintiff can enforce a compulsory execution against the defendant's right to claim the withdrawal of the deposit money with the title of execution on the claim for the payment of the above goods. Therefore, the defendant's defense is without merit.

Ultimately, the plaintiff's claim shall be judged as per the disposition, citing the plaintiff's claim on the grounds of its reasoning.

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