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(영문) 서울중앙지방법원 2017.01.25 2016가단88644
양수금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In full view of Gap evidence No. 1 and evidence No. 2-1 of the court below's reasoning as to the cause of the claim, the plaintiff supplied goods to Symnas Co., Ltd. (hereinafter "Symnas"), and the non-party company transferred 42,187,879 won out of the non-party company's claim against the defendant for the payment of the price of the goods (hereinafter "the price of the goods in this case") on July 1, 2016 to the plaintiff in order to guarantee the payment of the price of the goods, and the non-party company on July 4, 2016 to the defendant on July 1, 2016, "the non-party company transferred 42,187,879 won out of the price of the goods against the defendant of the non-party company to the plaintiff on July 1, 2016 to the plaintiff for the purpose of debt guarantee against the plaintiff, and the plaintiff was obligated to pay the above amount directly to the transferee of the claim to you.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the due date for the payment of the goods of this case has not yet arrived is the last day of the month six months from the date the drug was supplied, and thus, the due date for the payment of the goods of this case has not yet arrived. However, there is no evidence to acknowledge this, the defendant's assertion is without merit

B. The Defendant asserted that the provisional attachment order on the instant goods-price claim was served by Seoul Eastern District Court 2016Kadan51426, and that the creditor could not be confirmed, and that the Defendant deposited in full the instant goods-price claim amounting to KRW 42,187,879. Thus, according to each of the evidence Nos. 1 and 2, B filed an application for provisional attachment against the Defendant of the non-party company as Seoul East East Eastern District Court 2016Kadan51426, and the above application was filed by the non-party company for provisional attachment.

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