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(영문) 서울남부지방법원 2020.09.11 2019가단252176
추심금
Text

The plaintiff's lawsuit of this case is dismissed.

The plaintiff's Suwon District Court 2019TTT 116095 claims against the defendant and seizure of claims.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the purchase price of goods against E and the instant seizure and collection order 1) The Plaintiff is a stock company E (hereinafter “E”) around May 2019, around May 2019.

(2) On July 24, 2019, the Plaintiff applied for a payment order seeking the payment of KRW 193,450,000 for the goods price of KRW 193,4670, the Suwon District Court’s Sung-nam Branch 2019,4670 for the goods price of KRW 193,450,00 for the Defendant, and the payment order was issued on May 31, 2019. The above payment order became final and conclusive on June 20, 2019. (2) On July 24, 2019, the Plaintiff was the executive title of the above payment order, with the claim amount of KRW 199,174,766 for the Defendant as the Suwon District Court’s 2019,16095 for the Defendant as the Suwon District Court’s 200,000,000 for the instant construction price claim of KRW 80,000 for the instant goods (hereinafter “instant seizure and collection order”).

3) On September 9, 2019, the Plaintiff filed a lawsuit against the Defendant for the collection of the instant amount. (b) On the other hand, the Plaintiff settled the amount of the instant construction work as KRW 304,86,00 upon entering into an agreement with the Defendant on August 28, 2019 on the part of G Corporation, due to the following: (a) the balance of the instant claim for construction work against the Defendant and the declaration of bankruptcy 1 of E; and (b) E, upon entering into an agreement with the Defendant on the part of G Corporation with the Defendant on August 28, 2019, while performing landscaping work upon being awarded a contract with the Defendant for the construction work (hereinafter “instant construction”);

2) With respect to the instant construction project, the construction cost that the Defendant did not pay to E is KRW 103,290,000 (including value-added tax) E applied for bankruptcy on January 17, 2020, and was declared bankrupt on February 18, 2020 by Suwon District Court 202Hahap106, and the Intervenor of the independent party was appointed as the trustee in bankruptcy.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Byung evidence 1, Byung evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff's judgment as to the plaintiff's claim for collection amount was made before the declaration of bankruptcy of E, and thus, the seizure and collection order of this case was also declared bankrupt.

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