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(영문) 서울동부지방법원 2016.01.29 2015가단102430

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. (1) On February 19, 2014, Non-Party A Co., Ltd. (hereinafter “Non-Party A”) concluded a contract with the Defendant for the construction period to “B military life space improvement construction work” as KRW 101,107,380, the contract amount, and partially perform the said construction work. (2) On March 18, 2014, Non-Party Company performed part of the said construction work by setting the “C Teachers’ Card and Information and Communications Construction Work” from the Defendant as the construction period “from March 18, 2014 to December 8, 2014,” the contract amount, KRW 91,242,80, and partially performed the said construction work.

(3) On January 6, 2014, the non-party company contracted the construction period of the “D New Communications Corporation” from the Defendant to February 28, 2015 by setting the contract amount as KRW 69,496,130, and partially performed the said construction period.

(4) On January 3, 2014, the non-party company contracted the “E Teachers Construction Work” from the Defendant to December 21, 2014 by setting the construction period from January 3, 2014 to December 21, 2014, the contract amount of KRW 191,318,600, and partially performed the said Construction Work.

(5) On July 10, 2014, Nonparty Company contracted the “F New Telecommunications Corporation” from the Defendant during the construction period from July 10, 2014 to December 5, 2014, with the contract amount of KRW 16,57,550, and partially performed the said construction.

B. Meanwhile, the Plaintiff’s claim against Nonparty Company for the amount of KRW 120,186,343 as the preserved claim against Nonparty Company, including “the claim for construction cost due to F new construction works in an amount equivalent to KRW 5,186,343 against the Defendant of Nonparty Company,” was provisionally attached by the Seoul Central District Court 2014Kadan2550, which entered into the Defendant on November 10, 2014.

C. The non-party company is above A.

The Defendant, on November 13, 2014, intended to waive the construction work in order to ensure that the Defendant would no longer smoothly perform the construction work by the ruling of the above provisional seizure and no longer enjoy the Defendant while carrying out the construction work based on each contract set forth in the paragraph. A.

each. described in paragraph 1.