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(영문) 인천지방법원 2017.06.09 2016나60884

추심금

Text

1. All appeals filed by the Defendant and the Intervenor are dismissed.

2. The portion resulting from the participation in the appeal costs.

Reasons

1. Basic facts

A. On February 6, 2014, the Plaintiff filed a lawsuit against Suwon District Court for a claim for damages, etc. on the ground of tort against B Co., Ltd. (hereinafter “B”) and C et al. who are its representative director, and the said court rendered a judgment in favor of the Plaintiff, which rendered on October 8, 2015, “B and C jointly pay to the Plaintiff KRW 331,517,804 per annum from February 22, 2012 to October 8, 2015, and the amount calculated at the rate of 20% per annum from the following day to October 8, 2015.”

(hereinafter referred to as “instant judgment”). The original Defendant filed an appeal (Seoul High Court 2015Na2063426), but was dismissed on August 12, 2016, and the instant judgment became final and conclusive on September 7, 2016.

B. On November 25, 2015, based on the foregoing related judgment, the Plaintiff filed an application for a seizure and collection order with the Suwon District Court for the claim for the construction cost of the DD Corporation against the Defendant in B (hereinafter “D”) with respect to the instant construction work claim, and the said court issued a seizure and collection order with respect to the said claim for construction cost, on November 30, 2015, and issued a seizure and collection order to the Plaintiff.

(hereinafter referred to as “the instant order for seizure and collection.” The above order for seizure and collection was served on December 3, 2015 to the Defendant.

C. B, on August 30, 2013, contracted the instant construction work from the Defendant to KRW 130,000,000, and changed the construction cost on October 30, 2013 to KRW 112,00,000.

Since then, B completed the instant construction work on November 30, 2013, however, the Defendant received only KRW 50,000,000 among the construction cost of KRW 112,00,000 from the Defendant and did not receive the remainder of KRW 62,00,000.

Meanwhile, the Plaintiff is an information and communications construction business, fire-fighting facility construction business, electrical construction business, etc., and B is a company established by the representative director C for the purpose of electrical construction business on January 16, 2012, and the part of the Plaintiff’s electrical construction business among the Plaintiff’s businesses on February 21, 2012.