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Reasons
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(영문) 부산지방법원 2016.10.25 2016가단4651
전부금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Underlying facts, the Plaintiff: (a) filed a claim attachment and assignment order with respect to KRW 29,330,00 with respect to used equipment and used machinery export price of KRW 33,50,757, which D had for Defendant B by the Daejeon District Court 2015TTT11787; (b) used equipment and used machinery export price of KRW 29,330,000 with respect to which D had for Defendant C; and (c) used equipment and used machinery export price of KRW 29,330,00 on September 11, 2015; and (d) issued an order the same as the Plaintiff’s application; and (e) the order was finalized on November 24, 2015.

(hereinafter referred to as “instant assignment order”). [Grounds for recognition] The parties have no dispute between them, Gap evidence 1-1 and 2-2, and the purport of the entire pleadings.

2. The Plaintiff’s assertion D had the following claims against the Defendants, and thus, Defendant B is obligated to pay the Plaintiff the entire claim amounted to KRW 33,509,757, and Defendant C is obligated to pay the Plaintiff the total claim amounting to KRW 29,330,00 and delay damages.

Defendant B was transferred from D to D on November 20 of the year the sum of 300,000,000 UN on December 13, 190 in the year, and 1,000,000 UN on December 7, 190 in the year, but did not pay it to D, and thus, Defendant B is obligated to return it to D.

(see Evidence A 2-1). (b)

Defendant B was transferred 2250,000 UN from D on March 2014, but did not pay 1,500,000 UN to Samhee Co., Ltd., a seller of the machinery. Therefore, Defendant B is obligated to return it to D.

(See Evidence A 2, 3). (c)

Defendant B was leased 22 million won and 3850,000 UN from D, and thus, Defendant B is obligated to repay this to D.

(see Evidence A 3-1). (d)

Defendant B is obligated to return the said payments to D, inasmuch as he received 5.6 millionN from D on a date unfolded Da, but did not deliver the said machines to D.

(See Evidence No. 3-2). (e)

Defendant C is returned from D.

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