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(영문) 서울중앙지방법원 2014.12.12 2014나46173
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On February 6, 2007, the Plaintiff supplied 104,575,000 won of machinery, including nitrogen, such as high-tension pots, to the Pakistan Co., Ltd. (hereinafter “Nonindicted Company”), and the same year.

2. The non-party company received KRW 80,000,000 from the non-party company.

B. On December 28, 2007, the Plaintiff claimed 24,575,000 won for the remainder of the goods against the non-party company (i.e., KRW 104,575,000 - KRW 80,000). The Plaintiff received deposit claims (i.e., deposit claims against the non-party company, KRW 10,000,000 against the non-party company, and KRW 3,60,000 against the non-party company, ③ deposit claims against the non-party company, ③ KRW 3,600,000 against the new bank, ③ deposit claims against the non-party company, ③ KRW 3,600,000 against the new bank, and KRW 3,775,000 against the Industrial Bank of Korea, and KRW 3,775,000 against the deposit claims against the non-party company, and KRW 80,000 against the non-party company.

C. Around that time, the Plaintiff filed a lawsuit against Nonparty Company for the payment of the purchase price of goods (Seoul District Court Decision 2013Da3503, Jun. 13, 2013). A judgment was rendered on June 13, 2013 to the effect that “Nonindicted Company shall pay to the Plaintiff the amount of KRW 24,575,000 and the amount calculated by the rate of KRW 20% per annum from March 12, 2013 to the date of full payment, and the said judgment became final and conclusive on August 1, 2013.

On January 10, 2014, the Plaintiff received a seizure and collection order (Seoul District Court Decision 2014Hu17, hereinafter “instant order for seizure and collection”) against KRW 28,574,329 of the amount equivalent to the deposit claim and damages for delay against the Defendant of the non-party company, using the original copy of the instant judgment as the executive title. The original copy of the order for seizure and collection was served on the Defendant on January 16, 2014.

E. Meanwhile, the Plaintiff on October 13, 2014.

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