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(영문) 인천지방법원 2014.12.23 2014가합9744

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 23, 2012, the Defendant subcontracted the Korea Geological Co., Ltd. (hereinafter “Korea Geological”) to the Yeonsu-gu Incheon Yeonsu-do 23-5 Puuwon Complex Construction Works and the Incidental Civil Works Works (hereinafter “the instant construction work”) for the soil and soil conservation works of the Yeonsu-gu Incheon Hando Complex Complex.

B. On April 1, 2013, the Korean geological features prepared a letter stating that “I, with respect to the above construction works (the Korean geological features), I shall have the interest in the payment to the field-related creditors, including our workers, in relation to our workers, etc.” (the Korean geological features). Our (the Korean geological features) waives our (the defendant)’s remaining claim against our (the Korean geological features) at the same time as the submission of a letter of waiver of construction works, and confirms that the said claim has been extinguished. Further, I shall agree I, with the field-related creditors, including workers, to pay directly to the field-related creditors, including the instant workers, with the amount equivalent to the remaining period of payment extinguished above (hereinafter “each letter of this case”).

C. By April 1, 2013, the Defendant paid, or settled, by offsetting, the money equivalent to KRW 5,69,140,873 equivalent to the initial value of the instant construction work to Korea geological features.

On April 9, 2013, the Plaintiff filed an application for provisional attachment against the Defendant for the instant claim for the payment of the construction price with respect to Korean geological features (this Court 2013Kahap572), and issued a provisional attachment order from this Court (hereinafter “instant provisional attachment order”).

(e) The decision was received and the original copy was served on the Defendant on the 12th day of the same month. (e) The Plaintiff filed a lawsuit (2013Gahap10327) against the Republic of Korea geological features to claim the payment of steel rent for steel materials with this court on February 14, 2014, and was sentenced by this court that “Korean geological features shall pay to the Plaintiff 253,465,110 won with interest of 20% per annum from October 16, 2013 to the day of full payment.” Thereafter, the Plaintiff filed a request for the attachment and collection order (this Court.).