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(영문) 서울고등법원 2018.01.25 2017나2045040
추심금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates agricultural products brokerage and wholesale business. The Plaintiff is a company that operates both the agricultural company and the company that operates the distribution, processing, and sales of agricultural products. 2) The Plaintiff from March 19, 2012 to March 19, 2012

9. up to 21.21. A has supplied agricultural products, such as capital reduction, high-gu, and current accounts, to the Bank of Bankruptcy.

The Institute of Bankruptcy Co., Ltd has supplied agricultural products supplied by the plaintiff to the Bank of Bankruptcy, the Bank of Bankruptcy, the Resolution of the Bank of Bankruptcy, the Mobilization Home Co., Ltd.

B. On September 10, 2012, the Notarial Deed Co., Ltd. and B [the substantial operator of the Notarial Deed Co., Ltd.] shall issue to the Plaintiff a promissory note in which the date of issuance is September 10, 2012, stating the amount of payment in sight, at the face value of KRW 534,134,00,000, which is the balance of the goods payment debt incurred by the time of the transaction period, and KRW 534,000,000, which is the balance of the goods payment debt incurred by the time of the transaction period, and the issuance of a promissory note in which the date of payment is written in sight, and on the same day, a notary public received the authentication of the said Promissory Notes Co., Ltd. (hereinafter referred to as the “No. 3 of the No. notarial Deed”).

[2] On October 25, 2012, the Plaintiff received a claim amounting to KRW 482,60,870 with respect to the claim amount for the goods price claim against the third debtor of the Suwon District Court in Sung-nam branch [the Dispute Settlement Bank, the Dispute Settlement Bank Home, and the Mobilization Home Co., Ltd.] in Suwon District Court, based on the original copy of the instant notarial deed.

(3) On December 12, 2012, the Plaintiff filed a lawsuit claiming a collection amount of KRW 372 million against the Bank of Korea, the Bank of Korea (Seoul Central District Court 2012Gahap104095 case) within the scope of the claim subject to seizure and collection order (Seoul High Court 2012Gahap104095 case). The first instance court of the lawsuit filed a judgment against the Plaintiff, and the judgment of dismissal became final and conclusive (Seoul High Court 2014Na27564 case; hereinafter the first instance court and the appellate court of the case in question).

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