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(영문) 부산지방법원 2017.11.09 2016가단62138
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 1, 2016, the Plaintiff filed an application for a seizure and collection order with the Busan District Court 2016 Ma42712 with the Busan District Court 2016 Mam42712, which the Plaintiff had against the non-party Cheongamex (hereinafter “non-party 2”), for a seizure and collection order against the non-party 28,846,840 won out of the purchase price claim against the non-party 2016 Malgle1502, and the above order was issued the same month.

4. It was served on the Defendant.

[Reasons for Recognition] Gap evidence No. 1

2. The plaintiff's assertion that the defendant should pay to the plaintiff KRW 28,846,840, which was seized and collected among the debt owed to the non-party company.

3. The fact that the remaining amount of the claim against the Defendant of the non-party company reaches KRW 28,846,840 should be proved by the Plaintiff. However, according to the entries in subparagraphs 2 through 7 of this Article and the written statement in subparagraphs 1 through 11 of this Article, it is not sufficient to recognize it, and there is no other evidence to acknowledge it otherwise. In addition, according to the written statement in subparagraphs 1 through 11 of this Article, it is only recognized that the non-party company paid KRW 230,00,000 out of KRW 331,109,540 to the Defendant of the non-party company's claim for the payment of the goods to the non-party company, the remaining claim KRW 101,109,540 to the non-party company was transferred to the non-party company on September 7, 2015 and notified the Defendant.

4. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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