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(영문) 인천지방법원 2019.06.20 2018가단222012
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. The Plaintiff received a decision on provisional attachment of claim No. 2018Kadan877, Jan. 29, 2018 (hereinafter “provisional attachment order of this case”) from the Changwon District Court on the ground that “A Co., Ltd. (hereinafter “ABB”) shall have “A claim claim for the amount of the price for goods which has not been paid until now, out of the amount of the amount of the KRW 65,945,50 from October 1, 2017 to January 16, 2018,” from “C” as “A Co., Ltd. (hereinafter “AB”)’s claim against the Defendant of the LABB Co., Ltd. (hereinafter “C”) as the claim claim.

The above provisional attachment ruling was served on February 19, 2018 to the defendant.

B. On January 23, 2018, the Plaintiff filed an order for payment with the Co., Ltd., and filed a payment order with the Changwon District Court on January 29, 2018, “The amount of KRW 50,945,500, and damages for delay calculated by the rate of 15% per annum from February 3, 2018 to the date of complete payment.”

C. According to the above payment order, the Plaintiff received the provisional attachment and the collection order (hereinafter referred to as “instant seizure and collection order”) from the Changwon District Court Branch on March 15, 2018, with respect to “the amount until it reaches the amount of KRW 51,423,50,” among the claims for goods and processing costs against the Defendant in the payment order in the separate sheet, for KRW 50,945,50,00 from among the claims due to the decision on provisional attachment of claims between the Plaintiff and the Dispute Resolution Bank Co., Ltd. under the Changwon District Court Decision 2018Kadandan87, March 15, 2018, the provisional attachment against KRW 50,00 from among the claims in the separate sheet, shall be transferred to the Defendant, and the provisional attachment and collection order (hereinafter referred to as “instant seizure and collection order”) shall be delivered to the Defendant who is the garnishee on March 20, 2018.

On July 7, 2017, the defendant entered into a contract with the "D Corporation" with the amount of KRW 498,000,000, which is the amount of KRW 498,000, and entered into the contract with the "D Corporation."

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