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(영문) 대전지방법원 2020.01.15 2019가단4509

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On October 11, 2018, the Plaintiff filed a lawsuit against E for the payment of construction cost as the Daejeon District Court Branch Branch Decision 2018 Ghana342, and sentenced that “E shall pay to the Plaintiff KRW 29.2 million and its delay damages.”

B. On November 19, 2018, the Plaintiff: (a) received a seizure and collection order as to the construction cost claim that E holds against the Defendant by using the claim amount as KRW 30,990,300 from the Daejeon District Court Branch of the Daejeon District Court as the title of execution; and (b) the said seizure and collection order was served on the Defendants, the garnishee, on November 21, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Defendants should pay the collection amount in accordance with the instant seizure and collection order, as they ordered E to contract the construction work for the neighboring facility on the ground of the Daejeon Seo-gu F, Daejeon, and failed to pay the construction cost.

The Defendants asserted that the aforementioned construction was directly managed by the Defendants, and that E and construction contracts were not concluded.

B. We examine the judgment, and there is no evidence to prove that the Defendants concluded a contract for construction with E, and the Plaintiff’s assertion is without merit without further review.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit.