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(영문) 대구지방법원서부지원 2014.08.14 2013가단33717
추심금
Text

1. The plaintiff's claim against the defendant is dismissed.

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

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of all the arguments in Gap evidence Nos. 1 and Eul evidence Nos. 1 to 9 (including the whole number, if any).

From February 20, 2013 to June 10, 2013, a large agricultural partnership supplied food materials to Samsung C&T Co., Ltd., and on June 10, 2013, a claim for the price of goods incurred as of June 10, 2013 is KRW 1,62,015,67.

(hereinafter referred to as the "price claim of this case")

On May 23, 2013, the Plaintiff received a claim attachment and collection order (hereinafter “the instant claim attachment and collection order”) against Samsungland Co., Ltd. in relation to KRW 67,870,643 from the Daegu District Court's resident settlement support 2013TTTT708, based on the executory exemplification of the notarial deed No. 150, 2013, which was issued by a notary public against large-scale farming association corporations. The said order was served on the third debtor Samsungland Co., Ltd. on May 28, 201.

C. However, on May 15, 2013, the notary public for the larger farming associations as other creditors against Samsung Heavyland Co., Ltd. prior to the issuance of the instant order of seizure and collection, issued each of the claims seizure and assignment order (hereinafter “the instant order of seizure and assignment”) to Samsungland Co., Ltd. with the total amount of KRW 1.5 billion (8 billion, KRW 2013TTT64, KRW 2013, KRW 6655, KRW 2013, KRW 2013, KRW 2013, KRW 6655, KRW 700,000) on the basis of the executory exemplification of the certificate of execution under Articles 95 and 94, which was prepared by the law firm, on May 15, 2013. Each of the above orders was served on Samsungland Co., Ltd., a third debtor of the same month.

Samsung Ireland Co., Ltd. on December 1, 2013, the group of meal service business and food materials distribution business of the above company.

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