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(영문) 서울고등법원 2015.07.17 2014나35404
추심금
Text

1. Of the judgment of the court of first instance, 50,000 won against the Plaintiff and Defendant B with respect to the Defendant Franchi Co., Ltd. and 65.

Reasons

1. Facts of recognition;

A. The Plaintiff received an order to pay the Plaintiff KRW 320,002,00 and damages for delay at the rate of 20% per annum from July 24, 2012 to the date of full payment with respect to the claim for the payment of goods against D, which became final and conclusive August 7, 2012.

B. D supplied the goods equivalent to KRW 46,893,00 for the first half of the year 2012 to Defendant C, the goods equivalent to KRW 42,172,00 for the second half of the year 2012, the goods equivalent to KRW 50,135,00 for the first half of the year 2013, the goods equivalent to KRW 133,402,360 for the second half of the year 2012, the goods equivalent to KRW 141,597,198 for the first half of the year 2013, the goods equivalent to KRW 306,525,631 for the first half of the year 2012, the goods equivalent to KRW 15,432,90 for the first half of the year 2012, the goods equivalent to KRW 306,532,90 for the first half of the year 2012, the goods equivalent to KRW 20137,47.

C. The Plaintiff is the executive title of the above final payment order. The Plaintiff received the claim attachment and collection order for KRW 50 million from among the claim for the purchase price of the goods against the Defendant C C, which was issued by Suwon District Court Decision 2012TT 6376, and the original copy of the above collection order was served on the Defendant on October 29, 2013. Of D’s claim for the purchase price of goods against Defendant C, KRW 150 million from among the claim for the purchase price of goods against Defendant C, and KRW 100 million from among the claim for the sale price of goods against Defendant C, the original copy of the above collection order was served on the Defendant C on July 25, 2013, and on the Defendant B on October 29, 2013, respectively.

On the other hand, the Plaintiff was paid KRW 269,391,40 in total with respect to the claim for the payment of goods against D from D and D's D's D's D's D's D's D's D's D's D's D's D's D's D's customers. If it was appropriated for payment in the order of payment due to statutory appropriation of performance and principal, the Plaintiff's claim for the payment of goods against D's D's principal will remain as of December 30, 2014 as indicated below.

(2) the date of performance;

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