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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. D Co., Ltd. (former trade name was “Co., Ltd. E,” and changed to the current trade name on May 12, 2016; hereinafter “D”) entered into a contract with the Defendant to process a part of the annual circuit board manufactured by the Defendant, and around that time, up to November 25, 2016, provided the Defendant with services equivalent to KRW 228,34,957 (including value-added tax; hereinafter the same shall apply) in total to the Defendant from around that time until November 25, 2016.
(hereinafter referred to as “instant processing costs”) B.
As the Plaintiff supplied D with the PCB electronic components equivalent to KRW 46,423,950, and was not paid the PCB electronic components, it applied for a payment order against D seeking payment for the aforementioned electronic components price and damages for delay at the rate of 15% per annum 2016,3723 from the Suwon District Court. The Plaintiff received a decision for full acceptance on October 28, 2016. The payment order was finalized on November 17, 2016.
C. Based on the above payment order, the Plaintiff: (a) filed an application for a seizure and collection order as to the amount until it reaches the claim amount, KRW 26,829,570, which is the claim amount, among the loan for processing costs of the instant case, which was held by the Defendant under the Suwon District Court Decision 2016TTB138, the Defendant as the Defendant; and (b) received the seizure and collection order on November 23, 2016 (hereinafter “the first collection order”); and (c) the said order was served on the Defendant on November 25, 2016.
In other words, the Plaintiff, based on the above payment order, filed a seizure and collection order as to the amount until it reaches KRW 20,532,080, out of the instant contract processing expenses claims with the Suwon District Court as Defendant D, and the garnishee was issued a seizure and collection order as to the amount until it was paid in KRW 20,532,080, among the instant contract processing expenses claims, on December 21, 2016 (hereinafter “instant collection order”); and the above order was served on the Defendant on December 26, 2016.
[Ground of recognition] dispute.