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(영문) 광주지방법원 2015.07.01 2014가단32217
추심금
Text

1. The Defendant: (a) KRW 66,00,000 to Plaintiff A; and (b) KRW 15,00,000 to Plaintiff B; and (c) each of them on July 5, 2014.

Reasons

1. Basic facts

A. On May 23, 2012, C Co., Ltd. (hereinafter referred to as “C”) issued one promissory note with a face value of KRW 66,00,000,000 for each Plaintiff A, the date of issuance May 23, 2012, and the date of payment, and one promissory note with a sight payment. On June 15, 2012 with the commission of C and Plaintiff A, notarial deed No. 3259 of the Gwangju Notaries Joint Office Deed was written.

Plaintiff

A on January 22, 2014, by the Gwangju District Court 2014TTTT1421, and based on the above notarial deed, A received a claim attachment and collection order for KRW 66,000,000, out of the claim for service charges for disposal of waste (construction), from the Seoul-gu Office of South-gu, Seoul-gu, and the removal facility (construction), and the above order was served on the Defendant.

B. On September 30, 2013, C issued one promissory note with a face value of KRW 15,000,000, issue date September 30, 2013 to Plaintiff Co., Ltd., and one promissory note with a sight payment due date, and on October 11, 2013 with respect to the said promissory note, C and Plaintiff Co., Ltd’s joint office document No. 4027, 2013 was written at the request of Plaintiff Co., Ltd.

Plaintiff

B On February 7, 2014, the Gwangju District Court 2014TTB issued a seizure and collection order (hereinafter “instant seizure and collection order” combined with the seizure and collection order as stated in the above paragraph) against C’s claim of KRW 15,000,000 among the claims for disposal of wastes of the removal construction (construction) and service charges against C based on the above notarial deed, and the above order was served on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Assertion and determination

A. The plaintiffs asserted that the defendant entered into a service contract for the disposal of wastes (construction) from the removal of the office of Nam-gu (Gu) under the order of seizure and collection on November 1, 2013 between C and C, and that the defendant is obligated to pay the collection amount to the plaintiffs who are the collection creditors.

2.3.

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