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(영문) 서울남부지방법원 2015.12.28 2015가합102775

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. According to the overall purport of Gap evidence Nos. 1-1, 2-2, and 2-1, 2-3-2, and Eul evidence Nos. 1-1, 2-2, and 1-2, the following facts are acknowledged.

1) B Co., Ltd. (hereinafter “B”).

(2) On July 12, 2013, the Geumcheon-gu Seoul Metropolitan Government Construction Corporation (hereinafter “instant construction”) between the Defendant and the Defendant.

As to the construction period, from July 22, 2013 to October 31, 2014, the contract was concluded by setting the construction cost as KRW 10,307,00,000 (including value-added tax) and some construction were carried out (hereinafter “claim for Construction Costs”).

(2) Although the Plaintiff completed D’s construction work after being awarded a contract from B, the Plaintiff could not receive KRW 372,250,000 out of the construction cost, the Plaintiff filed an application for provisional attachment against the Defendant for the amount of KRW 200,000,000 among the instant claim for the construction cost of the instant case that B had against the Defendant. On July 15, 2014, the Seoul Central District Court 2014Kadan1680, which received the provisional attachment of the said claim, and the original was served on the Defendant on July 17, 2014.

(3) On August 25, 2014, the Plaintiff applied for a payment order of KRW 372,250,000 for the unpaid construction cost against B on August 25, 2014 (hereinafter “instant provisional attachment”). On September 16, 2014, the Plaintiff received an order to pay the Plaintiff KRW 372,250,00 and KRW 20% per annum from the day following the delivery date of the original copy of the instant payment order to the day of full payment. The original copy was served to B on September 22, 2014, and the above payment order became final and conclusive on October 7, 2014 to KRW 37,349,315, the Plaintiff’s claim for the above provisional attachment of KRW 370,300,000, KRW 3700,000, KRW 400, KRW 3715,000, KRW 200.