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(영문) 수원지방법원 2016.09.30 2016가단513964
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 26, 2012, the Plaintiff: (a) lent KRW 200,000,000 to E&P E&C Co., Ltd. at 8% per annum; and (b) the Defendant supplied goods to E&C Co., Ltd.; and (c) the Defendant was not fully paid the price even after supplying the goods to E&C; and (d) both the Plaintiff and the Defendant are creditors of E&C.

B. The Defendant filed a lawsuit against E&AC Co., Ltd., as the Incheon District Court 2013Ga20140, seeking payment of KRW 170,327,780 of the goods price, and received a favorable judgment.

C. In the Changwon District Court Decision 2013Da70067 (Main Claim) and 2013Kadan5148 (Counterclaim), the decision of a reconciliation recommendation was finalized to the effect that “T&A Co., Ltd. shall pay 70,000,000 won for the goods to E&AC, and if the payment of T&A was delayed, it shall pay 20% of the annual damages for delay calculated on August 10, 2015.”

The Defendant received a seizure and collection order as to the above goods payment claim against Y&C Co., Ltd. as the title of execution, with the Suwon District Court 2015TTTT as the Suwon District Court 2015TTT13706, and the original copy of the decision was served on YTC Co., Ltd. as the third debtor on July 13, 2015, and the Defendant received KRW 70,000,000 from YTT Co., Ltd. on the same day, and reported the collection on August 5, 2015.

E. The Plaintiff filed an application for provisional attachment of the above claim against the garnishee, Inc., the third party obligor, Inc., in order to preserve the principal and interest on the above loan amounting to KRW 162,856,715, and received the decision of acceptance. The original copy of the decision of provisional attachment was served on the garnishee, Inc., Ltd. on July 31, 2015.

F. In addition, on August 19, 2015, the Plaintiff was heading under the Suwon District Court Decision 2015 tea 2219.

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