logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.04.10 2018나2058432
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant continued to be supplied with CD-related products by C Co., Ltd. (hereinafter “C”).

B. On February 6, 2017, the Plaintiff was issued a ruling of provisional seizure of claim against KRW 128,501,300 among the sales claims C owed by Suwon District Court 2017Kadan302 (hereinafter “instant provisional seizure”), and the original copy of the said ruling was served on the Defendant on February 8, 2017.

C. On February 8, 2017, the Plaintiff received a decision on provisional seizure of claims against KRW 320,000,000, among the sales claims that C had against the Defendant by Suwon District Court 2017Kadan10041 (hereinafter “instant provisional seizure”); and the original copy of the said decision was served on the Defendant on February 10, 2017.

The Plaintiff filed an application with Suwon District Court for the seizure and collection order of the claim to transfer the provisional seizure of this case to the provisional seizure of this case (the requested amount 132,442,795 won) based on the executory exemplification of the payment order with the execution order for the goods payment case of Suwon District Court 2017 tea165, and the original copy was served on the Defendant on April 18, 2017, on April 17, 2017, the above court issued a seizure and collection order (hereinafter “instant collection order”) to the effect that “the provisional seizure of this case is to be transferred to 128,501,30 won out of the sales claim under the provisional seizure order of this case, and seized the remainder 3,941,495 won, and the Plaintiff may collect it.”

E. Based on the executory order of the instant provisional seizure case, the Plaintiff filed an application with Suwon District Court for the seizure and collection order to transfer the instant provisional seizure to the principal seizure (the claimed amount of KRW 387,075,982) based on the Suwon District Court’s Osan District Court’s 2017 tea451, an executory order of the payment order for the goods price of KRW 67,075,982, Jul. 21, 2017, the said court transferred the provisional seizure of KRW 320,000 among the sales claims under the instant provisional seizure order order of KRW 20,000,000, and transferred the remainder of KRW 67,075,982.

arrow