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(영문) 대구지방법원 2016.06.30 2015가단31138
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff, based on the facts, drafted at the notary E office in the notary public E office in 2014 a statement of execution No. 637 of the claim amounting to KRW 15.6 million for the goods panty and gas bags against Nonparty C (D).

On September 25, 2014, the Plaintiff provisionally attached to the Defendant Sicker and Gas Track's claim for the purchase price of goods (Defendant Sshicker 80,000,000, Defendant B26,310,260 won) that C has against the Defendants.

(The service date of the provisional seizure order is the date of September 29, 2014). Furthermore, C received the provisional seizure order from the Daegu District Court Branch of 2015TTT3063 on May 1, 2015.

This collection order was served to the Defendants around that time.

[Reasons for Recognition] Evidence No. 1, Evidence No. 2-1, 2-2, Witness C's testimony, the purport of the whole pleadings

2. The plaintiff claims the defendants to pay each collection amount.

3. When the judgment is accepted by the Plaintiff’s request, each claim against the Defendants of C at the time of delivery of the decision of provisional seizure should exist, and the Defendants may oppose the Plaintiff, the collection obligee, by offsetting it with the claim against C at the time of provisional seizure.

B. Comprehensively taking account of the overall purport of the arguments in the statements in the Evidence Nos. 1, 3 through 6, and 8, C supplied goods to Defendant Schan by September 30, 2014, and the price claim is 34,840,925, and C supplied goods to Defendant B by August 27, 2014, and the price claim is 45,745,788.

C. However, the following facts can be acknowledged in full view of the descriptions of evidence Nos. 1 to 13 and the testimony of witness C as a whole, and there is no reflective evidence.

1. The supply of raw materials to Pyeongtaek or material costs has been paid in advance and the prepaid amount of raw materials and the prepaid amount of material costs has been offset against the price of goods.

On September 19, 2014, the total sum of the supply amount of raw materials and the purchase amount of materials was KRW 40,045,500.

The defendant Sshick Do 2014.

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