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(영문) 대전고등법원 2016.11.11 2016나11224
공탁금출급확인의소
Text

1. Of the judgment of the court of first instance, the part of the counterclaim, including the Defendant-Counterclaim Plaintiff’s counterclaim claim changed from the trial.

Reasons

1. The judgment of the court of first instance cited the Plaintiff’s main claim against the Defendants, and partly accepted the Defendants’ counterclaim.

As to this, the plaintiff and the defendants filed an appeal and incidental appeal only for the part of the counterclaim claim, the scope of the judgment of this court is limited to the part of the counterclaim claim.

2. Basic facts

A. The claim of Sethyl Costa Co., Ltd. (hereinafter “Sethyl Costa”) holds each of the claims listed in the separate sheet (hereinafter “each of the instant claims” and indicated on the third obligor’s name for each of the instant claims (hereinafter “the third obligor’s each of the instant claims”) with respect to the third-party fire doors (hereinafter “Stein fire doors”), Dong-gu Energyte Co., Ltd. (hereinafter “Dong-gu Energyte Co., Ltd.”), Dong-gu Co., Ltd. (hereinafter “Dong Steel”), and the same as the instant claims.

B. The Plaintiff and the Defendants’ claim 1) up to September 12, 2014, the Plaintiff supplied Switzerland with steel materials, etc. and owned a total of KRW 290,120,351 claims for the purchase of goods against ethyl Cost. 2) Defendant Non-Korean Steel Co., Ltd. (hereinafter “Defendant Non-Korean Steel”) from around 2012 to supply Switzerland with steel materials, etc., and owned a total of KRW 320,000,000 for the purchase of goods.

3) Defendant Syman International Inc. (hereinafter “Defendant Syman International”)

(C) On September 12, 201, 201, from around May 4, 201 to March 31, 2014, 3,050, 14, 137 won of the supply of steel products, etc., and (i) the current status of the assignment of claims, seizure of claims, etc.; (ii) the Plaintiff entered into an agreement on the assignment of claims of this case with respect to each of the instant claims (hereinafter “each of the instant claims assignment contracts”) with the Plaintiff for the repayment of the price for the goods to the Plaintiff; and (iii) the three-dimensional door, Dong-to-dong energy test, each of the instant claims assignment by content-certified mail, is a third debtor.

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