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Reasons
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(영문) 서울서부지방법원 2015.10.02 2014가합34980
추심금
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1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. The Defendant issued an order of 11,600 bit 11,600 bits for the supply of goods to an enterprise from a person planning a good person (hereinafter “Good Person Planning”) around early 2013, as a company engaged in the manufacture and sale of a set of goods by obtaining a license for the manufacture and sale of an organization for the supply of goods from a black Track Co., Ltd. (hereinafter “Back”) and attaching a trademark of a black Back.

B. Accordingly, around March 2013, the Defendant requested the production of KRW 11,600 sets of 37,000 per set of goods of this case to A (hereinafter “A”) and received the said goods from A around April 2013.

C. On March 25, 2014, the Plaintiff filed a payment order for the claim for reimbursement against A and B (Seoul Western District Court Decision 2014 tea20611), and on March 25, 2014, “A and B jointly and severally paid to the Plaintiff KRW 120,263,329 and delay damages for KRW 119,741,260 among them,” and the said payment order was served to A on April 22, 2014 and finalized on May 8, 2014.

The Plaintiff requested the Seoul Southern Southern District Court 2014Tari 10057, the Seoul Southern District Court 2014Tari 10057 for a seizure and collection order on the claim for the above claim, and issued a seizure and collection order on May 23, 2014. The above seizure and collection order was served on the Defendant on May 28, 2014.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1-4 (including a provisional number), and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 429,20,000 for the instant goods supplied by A (i.e., KRW 37,000 x 11,60 t) which the plaintiff, who is the collection authority of A, is obligated to pay to the plaintiff the amount of KRW 126,559,912 as well as damages for delay.

3. Judgment on the defendant's defense of set-off

A. The defendant's defense is summary.

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