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(영문) 대전지방법원천안지원 2016.07.05 2016가단5678
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The Plaintiff was issued a decision of provisional seizure against each of the claims under this Court No. 2016Kadan212 regarding the claim for the purchase price of goods against Defendant EF Co., Ltd. (hereinafter “Defendant EF”) at our level as to the claim for the payment order against our level (hereinafter “Korean level”) against Defendant EF Co., Ltd. (hereinafter “Defendant EF”), with respect to the claim for the purchase price of goods against Defendant FF Co., Ltd. (hereinafter “Defendant Fcco”), under our level as to the above claim for the payment order against Defendant Fcco Co., Ltd. (hereinafter “Defendant Fcco”).

B. On April 8, 2016, among the claims provisionally seized under this Court No. 2016TF No. 2068, the Plaintiff received the attachment and collection order of the claim to transfer the provisional attachment to the provisional attachment as to the claims of KRW 51,55,027, the sum of KRW 51,55,027, and KRW 56,55,027, our level, as to the claims of KRW 51,55,027, among the claims provisionally seized under this Court No. 2016, Apr. 8, 2016, the Plaintiff served the semiconductor on Defendant EF, and on April 14, 2016, the order was served on Defendant EF Co., Ltd. respectively.

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

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring special circumstances, the Defendants are obligated to pay to the Plaintiff the collection money based on the above seizure and collection order within the scope of the Defendants’ obligation to pay the price for the goods to the extent of our degree.

B. The Defendants asserted that, as the Plaintiff’s seizure and collection order against the claim for the price of the goods against our degree, the Defendants asserted that since the provisional seizure and collection order of other creditors regarding our degree concurrently executed the execution deposit, the obligations against our level were extinguished.

Considering the overall purport of Eul's statements and arguments set forth in Nos. 1, 2 (including paper numbers), Eul's 1 to 3, the defendants' obligation to pay for the goods to the extent of us is provisional seizure of claims, seizure of claims by other creditors.

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