추심금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 10, 2013, the Defendant entered into a contract with LAF Information Camp Co., Ltd. (hereinafter “Nonindicted Company”) with the Defendant to enter into a contract with the Defendant to set the construction cost of 4,987,400,000 won and the construction period from April 10, 2013 to August 31, 2014 (hereinafter “instant construction”) with the period from April 27, 2014, with the construction cost of 6,018,10,000 won and the construction period of 5,95,95, 219, 198, 198, 100 won until August 31, 2014, respectively. < Amended by Act No. 12837, Nov. 27, 2014; Act No. 12844, Nov. 27, 2014; Act No. 12855, Nov. 19, 2014>
B. Around November 30, 2014, Nonparty Company completed the instant construction work.
C. On April 10, 2014, the Plaintiff received a seizure and collection order as to KRW 98,90,000,00 from the non-party company’s claim for construction price of this case, which the non-party company held against the Defendant, by a notary public against the non-party company, based on the authentic copy of the authentic deed No. 195, No. 195, 2014. The above seizure and collection order was served on the Defendant around that time.
【Non-contentious facts, Gap evidence 1, 2, Eul evidence 1-1, 2, 3, the purport of the whole pleadings
2. The allegations and judgment of the parties
A. According to the facts of recognition as above, the defendant is obligated to pay the construction price in this case to the non-party company, barring special circumstances. Meanwhile, the plaintiff received a seizure and collection order as to the claim for construction price of 98.9 million won among the claim for construction price in this case. Thus, the defendant is obligated to pay the above collection amount and damages for delay to the plaintiff.
B. (1) The defendant asserted that the part of the claim for construction price of this case, excluding KRW 60,239,188, out of the claim for construction price of this case, was transferred to a third party before the plaintiff's seizure and collection order is served.
Therefore, sprink, A.