(영문) 부산지방법원 2018.04.20 2017나55411

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(영문) 부산지방법원 2018.04.20 2017나55411

추심금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 2, 2016, the Plaintiff filed an order to pay B the amount of KRW 68,502,025 with respect to the Plaintiff’s claim against B, and KRW 15% interest per annum from August 10, 2016 to the date of full payment. The payment order under this provision was issued on August 2, 2016. The above payment order was finalized on August 24, 2016.

B. Claim B against the Defendant had a claim for payment of the purchase price of KRW 40,540,038 (hereinafter “the purchase price of the instant goods”) from the Defendant by supplying the Defendant with raw materials equivalent to KRW 26,498,428, and KRW 14,041,610 on July 1, 2016.

C. 1) On September 9, 2016, the Plaintiff: (a) based on the above order of payment on September 9, 2016, the provisional seizure of KRW 53,502,025 out of the price of the instant goods by Busan Method Board 2016TY 57487 is transferred to the original seizure; and (b) the remainder of KRW 609,142 is the seizure and collection order of the instant goods (hereinafter “instant seizure and collection order”).

(2) On September 7, 2016, the Plaintiff notified the Defendant that the money for the collection of goods (hereinafter “the money for the collection of this case”) should be paid according to the instant seizure and collection order on November 7, 2016.

B The details of attachment, etc. received by creditors B, such as attachment of creditors, for the price of the goods of this case are as follows:

(A) On August 22, 2016, 2016. 17.22 August 22, 2016, Young-si Busan District Court 2016. 1.3, 334,670 won, August 17, 2016, 2016, 1/300 of the date of delivery to the Defendant of the seized amount of the creditor's case number to the Defendant (based on recognition), the fact that there is no dispute on August 19, 2016, 2016, 1 through 4, 1 through 3, 5, and 6 of the Plaintiff's District Court 2016.

2. The assertion and judgment

A. The Plaintiff’s judgment as to the cause of the claim is based on the instant seizure and collection order.

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