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(영문) 서울고등법원 2017.12.20 2016나2072380
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. The relevant Plaintiff is a company that vicariously carries out export and import of goods, etc. as a general trading company.

A Co., Ltd. (hereinafter referred to as “Nonindicted Company”) is used in industrial fishing, through an export-import agency such as the Plaintiff, to refer to scrap engines, secting of scrap scrap, such as waste accelerators, and waste metal scraps.

In this case, the end-of-life engines, end-of-life engines, etc. emitted in the course of scrapping are referred to.

a company that imports and sells them to a business entity that decomposs them by scrap metal, etc.

The defendant is a company that sells scrap, such as waste engines, after decomposition them with scrap metal, etc.

B. The Plaintiff’s goods-price claim 1) The Plaintiff entered into a supply contract with Nonparty Company of 1,00 tons of scrap 1,000 tons on April 7, 2014, and each contract of 2,000 tons of scrap 2,00 tons on May 21, 2014, and supplied scrap imported in the United States to the Nonparty Company. However, the Plaintiff’s contract entered into on April 7, 2014 (hereinafter “instant contract”).

(A) Of the supplied goods under the contract of May 21, 2014, the contract of May 21, 2014 (hereinafter “instant contract”) is 116,098,012 won equivalent to the value of scrap 140.725 tons and the contract of May 21, 2014

(2) The Plaintiff did not receive KRW 1,089,521,056, which is equivalent to the 1,369.243 tons of scrap scrap among the supplied goods under this subparagraph. (2) The Plaintiff filed an application with the non-party company for a payment order claiming payment of the total amount of KRW 1,205,619,068 (= KRW 116,098,012 Won 1,089,521,056) and damages for delay (= KRW 1,205,61,066) with the Seoul Central District Court 2015Hu17431, and the said court issued the payment order to the non-party company on February 3, 2015.

On March 31, 2015, the above payment order was served on the non-party company and confirmed on April 15, 2015.

C. The non-party company against the Defendant of the non-party company’s claim for the price of goods is the closing engine, etc. to the Defendant from January 6, 2014 to August 26, 2014.

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