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(영문) 대전지방법원천안지원 2019.09.20 2017가합103347

추심금

Text

1. The Defendant’s KRW 190,000,000 as well as the Plaintiff’s annual interest from May 5, 2018 to September 20, 2019, and the following.

Reasons

1. Basic facts

A. 1) The Defendant is a stock company C on August 27, 2013 (hereinafter “C”).

between the Corporation and the Corporation (hereinafter referred to as the “instant construction”) that constructs telecomsings on the ground of the land of the Asan City.

(2) On October 28, 2013, the Defendant drafted a written contract with E Co., Ltd. (hereinafter “E”) setting the price of the instant construction work as KRW 70 million, and the date of completion as of April 31, 2014; and C affixed a seal on the contract guarantor.

(3) With respect to the instant construction project, the Defendant was granted a building permit on July 26, 2013, and approval for use on March 3, 2015. (b) The Plaintiff filed a lawsuit claiming damages, etc. against the Plaintiff. The Daejeon District Court sentenced that “E is obligated to pay damages, etc. to the Plaintiff” on April 14, 2016 (No. 2014Gahap1526), and that “E is obligated to pay damages, etc. to the Plaintiff” (No. 2014Gahap1526), but the Daejeon High Court dismissed the appeal of the Plaintiff on September 21, 2016, and changed the judgment of the first instance court to the effect that “E is obligated to pay damages, etc. to the Plaintiff” on the ground of the Plaintiff’s claim reduction.

(2016Na12050) The above judgment became final and conclusive October 11, 2016.

2) On April 14, 2014, the Plaintiff received a provisional attachment order as to the claim for construction price against the Defendant E under the instant contract with the amount of KRW 800 million ( Daejeon District Court Decision 2014Kadan2038, hereinafter “instant provisional attachment order”).

(2) On April 17, 2014, the provisional attachment ruling of this case was delivered to the Defendant, and to E on April 25, 2014, respectively. On August 4, 2016, the Plaintiff received the attachment and collection order of the above provisional attachment on August 4, 2016 ( Daejeon District Court 2016TT No. 9244, hereinafter referred to as the “instant provisional attachment”).