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(영문) 부산지방법원동부지원 2020.02.14 2018가단215239
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On the basis of the executory payment order in the loan case of the Busan District Court Decision 2016Da85855 against the Plaintiff Company C (hereinafter “C”), the Plaintiff received a claim amounting to KRW 273,914,496 against the “the amount that the Defendant is obligated to pay to C, such as the purchase price, etc. with the Defendant for the transfer of real estate and business rights related to the Plaintiff’s new construction project between C and the Defendant” as the Busan District Court Decision 2017TT branch branch branch office of the Busan District Court on June 1, 2017. The seizure and collection order of this case was served on the Defendant on June 5, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff alleged by the parties concerned seek reimbursement against the defendant according to the collection order of this case, and against this, the defendant asserts that the defendant does not remain liable for the unpaid debt since the payment under the contract for transfer of real estate and business rights related to the business of this case was made to C before the issuance of the seizure and collection order of this case.

3. According to the overall purport of the statements and arguments in Eul evidence Nos. 2 through 7, around May 31, 2016, C concluded a contract for the transfer of real estate and business rights related to the instant business with the Defendant and the Defendant F Co., Ltd. (hereinafter “F”) on or around May 31, 2016 (hereinafter “instant transfer and acquisition contract”), and determined that real estate sales amount is KRW 14 billion and business rights sales amount is to be paid KRW 16 billion in total, and the Defendant paid KRW 16 billion in sales amount until August 11, 2016 as indicated below.

C C C C G GH I J If so, C-.

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