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(영문) 서울중앙지방법원 2016.09.08 2016가단13268

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company which entered into a contract with the Korea Comprehensive Technology Corporation (hereinafter “Korea Comprehensive Technology”) and the Korea Land and Housing Corporation (hereinafter “Korea Comprehensive Technology Corporation”) to “the creation plan for a riverside environment and the working plan for a water system facility” jointly with the Korea Land and Housing Corporation.

The Defendant subcontracted part of the above service of water purification facilities and pumping stations (including pipes) to the non-party Construction Engineering Co., Ltd. (hereinafter referred to as the "non-party Construction Co., Ltd.") in the amount of KRW 230 million for the service price.

(hereinafter referred to as “the above subcontracted service” and “the subcontract agreement for a company abroad” (hereinafter referred to as “the contract for services of a company abroad”).

The plaintiff (mutual name: B) filed a lawsuit against the non-party company as part of the services rendered by the non-party company was sub-subcontracted by the non-party company, and the non-party company did not receive the service cost. In the above case, the decision of compulsory adjustment became final and conclusive to the effect that the non-party company pays KRW 75,127,120

(Seoul Central District Court 2013ss. 43532). (c)

On December 23, 2015, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) from the Seoul Central District Court 2015TTT28791 on the non-party company’s service-price claim with the title of execution. The said order was served on the Defendant on December 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. On February 28, 2013, Plaintiff 53 million won remains. However, the Defendant paid KRW 17.6 million to Muss General Architect office (hereinafter “Muss”) and KRW 16 million to C, respectively, and the above claim remains at KRW 19.4 million at the time of delivery of the instant seizure and collection order.

Therefore, the defendant is the collection obligee.