추심금
1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
1. Basic facts
A. The Plaintiff was issued a provisional attachment order on March 18, 2016 (hereinafter “instant provisional attachment order”) with respect to the claim for construction cost of KRW 150,725,000 against the U.S. Green Development Co., Ltd. (hereinafter “U.S. Green Development”) as the preserved claim, and filed an application for provisional attachment on the claim for construction cost of KRW 75,362,50 related to the Defendant of the U.S. Green Development and the Korea Corporation against D (hereinafter “instant construction”). The instant provisional attachment order was served on the Defendant on March 24, 2016.
B. On August 11, 2016, the Plaintiff filed a suit against the United States Development for a claim for temporary re-fluort rent, etc., this Court rendered a decision in lieu of conciliation with the purport that the United States Development shall pay the Plaintiff KRW 130,000,000 in installments, and the said decision became final and conclusive.
C. On October 4, 2016, the Plaintiff received the order of seizure and collection, stating that the above provisional seizure is transferred to the original seizure upon the decision in lieu of the above conciliation as the court 2016TT21041, and the said decision was served on the Defendant on October 7, 2016.
On July 31, 2016, Defendant and D drafted a written agreement on the waiver of construction works (No. 1; hereinafter the same shall apply) with respect to the development of the United States Green Area and the instant construction works, and the main contents thereof are as follows:
The ordering person of the contract for the waiver of construction works: D and the defendant original contractor: The two companies in Green Development agree to settle the accounts of the amount paid to the contract in progress in the amount of KRW 1,269,120,860 (Won 1,269, 120,860) and give up all the documents (all the documents necessary for the completion of construction) so far on the condition that they will transfer the proceeds to the owner and supervision, and then they will not be held liable for all civil and criminal responsibilities.
E. From July 28, 2014 to August 18, 2016, Defendant and D paid the amount of KRW 1,269,120,860 as follows to the United States Green Development:
The wage unit of the date payer: