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(영문) 대구지방법원 2020.01.23 2019가단15134
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff supplied content to D by November 16, 2018, which amounted to KRW 73,121,980.

B. On June 14, 2019, the Plaintiff filed a lawsuit against D with the Daegu District Court (Seoul District Court 4073) seeking the payment of the said goods, and received a judgment from the said court that “D shall pay to the Plaintiff 73,121,980 won and the interest calculated at the rate of 15% per annum from April 2, 2019 to May 31, 2019, and 12% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive around that time.

C. D by the third quarter of 2018, supplied the Defendant with material related to tents.

The total price of goods supplied by D to the defendant in the second quarter and the third quarter of 2018 exceeds KRW 300 million.

On March 25, 2019, the Daegu District Court 2019Kadan31181, the Plaintiff was issued a decision to provisionally seize claims against the Defendant with the amount claimed as KRW 63,121,980 on the claims against the goods-price claims arising from D’s transaction of the supply of goods (hereinafter “instant provisional attachment order”).

The provisional attachment ruling of this case was served on March 27, 2019 on the Defendant.

In addition, the plaintiff is also the Na.

On July 15, 2019, the Daegu District Court 2019TTTT109634 rendered a provisional attachment of KRW 63,121,980 among the above claims under the provisional attachment order of this case as to KRW 76,164,031, which was held against the defendant due to the above goods supply transaction, and issued a decision of seizure and collection order (hereinafter “the collection order of this case”) with the content that the provisional attachment of KRW 63,121,980 among the above claims under the provisional attachment order of this case shall be transferred to the original attachment, seized the remaining KRW 13,042,051, and had the plaintiff collect the above goods purchase claim.

The collection decision of this case was served on July 18, 2019 on the defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 4 evidence (if there are various numbers, including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiff’s judgment is D in 2018.

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