추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 11, 2018, the Defendant entered into a construction contract (hereinafter “instant construction contract”) between Nonparty C and the contractor, C, and the construction cost of KRW 150 million for the instant construction project (hereinafter “instant construction project”) and the construction period from May 16, 2018 to June 30, 2018 (hereinafter “instant construction contract”).
B. The Defendant paid the sum of KRW 150,21 million to Nonparty C by September 14, 2018 as the construction price of the instant construction contract.
(c)
The instant construction was completed on November 2018, and the Defendant completed the registration for the preservation of ownership of the instant building on November 7, 2018.
(d)
On the other hand, the plaintiff filed a lawsuit against the non-party C in Suwon District Court 2019 A. 208357, the court of Suwon District Court 2019, and received a recommendation of implementation from the above court on June 4, 2019.
E. Based on the above recommendation decision on August 5, 2019, the Plaintiff seized the amount of money to KRW 30,348,465 out of the claim amount against the Defendant of the Defendant of the instant construction project to KRW 30,348,465.
The above seized claims may be collected by the plaintiff, who is the creditor.
“The collection order was issued with the content of the seizure and collection order (hereinafter “instant seizure and collection order”).
The instant order of seizure and collection was served on August 7, 2019 on the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 4, the purport of the whole pleadings
2. The parties' assertion
A. Although the contract for the construction of this case was prepared between the Plaintiff and Nonparty C as the construction cost of KRW 150,000 for the instant construction project, the construction cost under the said contract was only written on the premise that the additional construction cost to be incurred will be settled ex post facto.
Nonparty C is equivalent to KRW 220,057,939 in total to the instant construction work.