(영문) 인천지방법원 2014.06.25 2013가단224389

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(영문) 인천지방법원 2014.06.25 2013가단224389

기타(금전)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 31, 2012, based on the payment order in the wage and retirement allowance case No. 2012 tea94 (hereinafter “Nonindicted Co., Ltd.”), the Plaintiff received the attachment and collection order (hereinafter “instant attachment and collection order”) against the non-party Co., Ltd. (hereinafter “non-party Co., Ltd.”) as to the non-party Co., Ltd.’s claim for the amounting to KRW 84,00,000 for the non-party Co., Ltd. and the non-party Co., Ltd.’s claim for the amounting to KRW 37,841,018 for the non-party Co., Ltd. (hereinafter “non-party Co., Ltd.”) and the above decision was served on the Defendant around September 4, 2012.

B. On February 25, 2008, the Defendant entered into a production contract with the non-party company on May 20, 2008, setting the price for the high-level multi-air storage device (excluding value-added tax) at KRW 600,000,000 for the high-level multi-air storage device, and on May 20, 2008, the non-party company completed its duty to supply the device at around May 20, 2008, and maintained transactions such as the manufacture, supply, transfer, repair, etc. between the non-party company and the non-party company until January 6, 2010, and accordingly, caused an ombudsman’s claim for the total amount of KRW 685,938,000 for the Defendant of the non-party company as of January 6, 2010 (hereinafter “instant claim for the price for goods”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 2 (including various numbers), and the purport of the whole pleadings.

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff, the collection creditor of this case, the amount of KRW 84,00,000, which was deducted from KRW 685,938,00, which was deducted from KRW 120,000,000, which was deducted from the deduction of the plaintiff according to the defendant's repayment prior to service of the seizure and collection order of this case, from KRW 565,938,00,000, which was the claim amount of the seizure and collection order of this case, and delay

3. Judgment on the defendant's assertion

A. As to the claim for reimbursement, the Defendant’s seizure and seizure of this case.

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