logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2019.04.10 2018나24799
추심금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Based on the facts, the Plaintiff applied for a payment order against C and D with the Gwangju District Court 2015Hu473, Oct. 16, 2015, the Plaintiff received an order to pay “C and D jointly and severally pay to the Plaintiff 105,000,000 won and damages for delay at the rate of 20% per annum from June 30, 201 to the date of full payment.”

The above payment order was finalized around November 10, 2015.

(2) On January 20, 2017, the Plaintiff, based on the original copy of the instant payment order, stated on January 20, 2017, the phrase “the amount until it reaches KRW 22,092,154, out of all the claims that C owns against the Defendant (including all the claims, including the proceeds that the whole part of the claims, which was created by C, was sold in lieu of the name of the Defendant)” in the form of “the indication of claims to be seized and collected” in the instant payment order and the collection order.

(2) The trustee has received the order of seizure and collection

(hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order was served on January 25, 2017, and became final and conclusive around that time.

[Reasons for Recognition] The entry of Gap evidence Nos. 1 through 3, and the gist of the whole pleading

A. The Plaintiff’s assertion 1) C) around November 2016, 2016, produced by the Defendant and C from November 201, 2016 to April 2017, the Defendant’s E-fisheries (hereinafter “AF”).

(2) The consignment sale contract of this case (hereinafter referred to as the “instant consignment sale contract”) shall be

the following year from November 2016:

4. Until the end, the Defendant produced the whole products and entrusted the sale thereof to the Defendant.

Accordingly, since the defendant sold the whole goods produced by C to the Suhyup and received approximately KRW 220,00,000 as the price, C has the consignment claim amounting to approximately KRW 220,000 against the defendant.

2. The seizure and collection order of the instant claim.

arrow