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(영문) 인천지방법원 2020.11.12 2019가단3904

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. On December 27, 2017, in the case of the Plaintiff’s lawsuit between the Plaintiff and C and the Plaintiff’s purchase price for goods against C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the said court issued a payment order stating that “the Plaintiff shall pay to the Plaintiff KRW 35,868,500 per annum, and the amount equivalent to 15% per annum from the next day of the delivery of the original copy of the payment order for the above KRW 35,868,500 (hereinafter “instant payment order”), and the instant payment order was finalized on January 18, 2018.

B. The Defendant and the non-party company (1) entered into a subcontract with the non-party company regarding the site of D Apartments (hereinafter “instant construction”). The non-party company completed the instant construction (1).

On May 31, 2018, the Defendant drafted a written confirmation (hereinafter “instant confirmation”) stating that “After the lapse of the warranty period (i.e., the period from October 31, 2018 to Oct. 31, 2018), the Plaintiff shall pay the Plaintiff the remainder of the balance after settling accounts in the sewage treatment plant between the Defendant and the non-party company after the completion of the warranty period (i.e., the period from Oct. 31, 2018).”

(2) On August 10, 2016, the Defendant entered into a contract with the Nonparty Company for construction works with the content that the Defendant would supply and install virtue materials (hereinafter “instant construction works”) among the construction works for the building works for the building works for the building works for the building works for the building works for the building works for the building works for the Namyang-si, and that the construction works for the building works shall be KRW 268,00,000 and the construction period shall be KRW 268,00,000, and the construction period shall be from September 11, 2015 to June 22, 2017. The instant construction works were partially modified, and the Nonparty Company completed the instant construction works for the second time in the early 2018.

C. The Plaintiff, based on the instant payment order, supports the U.S. District Court for the attachment and collection order of the bonds.