(영문) 부산지방법원 2019.01.24 2017가합45861

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(영문) 부산지방법원 2019.01.24 2017가합45861

추심금

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 27, 2016, the Plaintiffs received a payment order of KRW 6,611,088,40 from the Busan District Court as to the construction price of KRW 6,611,08,40 from Y Co., Ltd. (hereinafter “Nonindicted Company”). On April 24, 2017, based on the above payment order finalized at that time, the Plaintiffs filed an application for the seizure and collection order of claims with the Defendant for the above 6,611,08,40 won among the loans against the Defendant of the Nonindicted Company’s third party as the third party obligor, with the Defendant’s claim amounting to KRW 201,00,000,000 from the above court, and the said order was served on April 27, 2017 (hereinafter “instant seizure and collection order”). The above order was served on the Defendant on May 27, 2017.

B. (1) On June 13, 2016, the non-party company is the Z (hereinafter “Z”) operated by the Defendant.

(3) The construction contract of KRW 4.39 billion for the construction of Z factories (hereinafter “instant construction contract”).

(2) On August 12, 2016, the non-party company remitted to the Defendant a total of KRW 935 million on October 14, 2016 (hereinafter “instant loan”). The Defendant immediately received the said money to the corporate account of the Z, and the representative of the account of the Z transferred the said money as a lump sum deposit.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and Eul evidence Nos. 1 through 3, 5 and the purport of the whole pleadings

2. The parties' assertion

A. The defendant is liable for the loan of this case to the non-party company. Accordingly, according to the seizure and collection order of this case, according to the plaintiffs' request, the defendant is obligated to pay a sum of one billion won to the plaintiffs as shown in the attached Form.

B. The borrowing of the instant loan from the Defendant Nonparty Company is a Z other than the Defendant, and the Plaintiffs’ claim is without merit.

3. Determination

(a) who is a party to a contract generally is.

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