추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The basic facts C is to operate the Da and the 9th E Syleba (hereinafter “the instant Syleba”), and the facility construction was done with the Lyle Co., Ltd. (hereinafter “Lyle”) by means of installing the pumps and concluding a facility contract with the Defendant.
C When the construction work was interrupted due to the failure to pay the construction cost, construction business operators including the Defendant completed the construction work in order to recover the construction cost, and opened the instant private letter in the name of the Defendant and sought the transferee.
Meanwhile, on July 20, 2015, based on the executory exemplification of the protocol of mediation for the case No. 2014Gadan535 of Gwangju District Court 2014, the Plaintiff received a seizure and collection order against KRW 85,222,089, among the construction cost claims arising from the construction of the instant rainy or fee pumps against the Defendant of Suwon District Court, under the Act No. 2015 Taga-8973, Jul. 20, 2015, and the said collection order was served on the Defendant, who is the garnishee on August 20, 2015.
【Ground of recognition】 The fact that there is no dispute, Gap's evidence 1-2, Eul's evidence 1-1, Eul's evidence 6-1, and the purport of the whole pleadings
2. The assertion and judgment
A. If the main point of the Plaintiff’s assertion completed the construction of the pumps in the instant rainy area under a contract with C, and thereafter, the Defendant acquired the instant rainy area from C and installed additional facilities through the sales and purchase contract with the Committee on February 4, 2015, it is obvious that the Defendant is obligated to pay the cost of the construction of the pumps to the Committee.
Therefore, the defendant should pay the collection amount of KRW 85,222,089 and delay damages to the plaintiff as the collection creditor.
B. Determination is based on whether the Defendant acquired the contractual status of C, and on February 4, 2015, the set pumps sales contract (Evidence A2) signed between the Defendant and the window is value-added tax of KRW 37050,000,000,000 for the Defendant.