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(영문) 서울중앙지방법원 2015.08.25 2015가합506142
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 25, 2014, the Plaintiff applied for a payment order against A (hereinafter referred to as “A”) seeking payment of the purchase price and received an order to pay USD 1,216,973 and delay damages therefor from the Daegu District Court Kimcheon-ro 2014Ka60 on February 25, 2014, the Plaintiff issued an order to the Plaintiff to pay USD 1,216,973 in the United States of America. The said payment order was finalized on March 18, 2014.

B. On April 21, 2014, based on the original copy of the above payment order, the Plaintiff filed an order for the attachment and assignment of claims with the Daegu District Court Kimcheon-si 2014TTTT1205, and received from the above court the attachment and assignment order for KRW 330,000,000 among the small and medium financial claims against A against the Defendant (hereinafter “instant attachment and assignment order”).

On April 25, 2014, the instant attachment and assignment order was served on the Defendant and became final and conclusive on May 15, 2014.

C. Meanwhile, on November 16, 2012, the Defendant issued to A a principal of KRW 330,000,000, maturity of KRW 16 November 16, 2013 (Account Number B; hereinafter “the Claim”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, since Gap's claim against the defendant was entirely owned by the plaintiff among the claim of this case held by the defendant, the defendant is obligated to pay the plaintiff 100,000,100 won and damages for delay as to the claim of this case, barring any special circumstance.

B. As to the defendant's counterclaim and its judgment 1), the defendant defense that the defendant set off the defendant's debt against the defendant's debt against the claim of this case as the automatic credit, and therefore the claim of this case does not exist any longer. 2) The amount of the payment due date of November 13, 2006 and the payment due date of November 13, 2006 and November 12, 2007, 300,000,000,000, June 62, 2000 on June 30, 2008.

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