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(영문) 인천지방법원 2020.12.17 2020가단2914

추심금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 30, 2019, the Plaintiff filed a lawsuit with the Incheon District Court seeking payment of the goods with C Co., Ltd. (hereinafter “C”). On July 16, 2019, the said court rendered a judgment without holding that “C shall pay to the Plaintiff the amount of KRW 52,332,695 per annum from May 8, 2019 to May 31, 2019, the amount of KRW 15% per annum from May 8, 2019 to May 31, 2019, and the amount of money calculated at the rate of 12% per annum from the next day to the date of full payment,” and the said judgment became final and conclusive on August 20, 2019.

(hereinafter “instant executive titles”). B.

On December 8, 2017, the Defendant awarded a contract to C for civil engineering and landscaping works in the Michuhol-gu Incheon Metropolitan City District B Urban Development Project in KRW 5,610,00,000. Waste disposal services and asbestos waste disposal services were included in the scope of construction under the above contract, and the construction cost is changed to KRW 5,785,835,000 (hereinafter “instant contract”).

The Plaintiff filed an application with the Incheon District Court for a seizure and collection order that seizes the money until it reaches the claim amounting to KRW 54,968,027 among the claim for construction price under the instant contract against the Defendant. On September 19, 2019, the Incheon District Court issued a seizure and collection order on September 25, 2019, and received the above seizure and collection order on September 25, 2019.

[Ground of recognition] Facts without dispute, Gap evidence No. 4, Eul evidence No. 9, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant, the third debtor, is obligated to pay the plaintiff, the collection creditor of the contract of this case, KRW 52,33,695, and delay damages.

3. Judgment on the defendant's assertion

A. From October 17, 2017 to April 23, 2019, the Defendant asserted that KRW 2,435,498,742 was paid to C as construction price under the instant contract.

C A Construction Works under the instant contract.