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(영문) 수원지방법원 2020.04.23 2020가단1338

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. The Plaintiff, based on the executory order issued against C with respect to the executory order issued against C (Seoul District Court Decision 2017 tea5423), received the claim amount as KRW 41,927,350 on October 31, 2017, with the amount of the claim amount as KRW 41,927,350, and received the seizure and collection order of the said claim (as for the first claim and collection order), and the above seizure and collection order were served on the Defendant on December 12, 2017.

B. On March 5, 2018, the Defendant deposited KRW 53,373,112 as the construction price payable to the Suwon District Court Co., Ltd. as KRW 2029, the Defendant deposited KRW 53,373,112 on the ground that there exists competition in seizure, etc. of the instant claim for construction price.

On July 26, 2018, the distribution procedure was conducted as the Incheon District Court DD on July 26, 2018, and the Plaintiff received dividends of KRW 7,152,522.

C. The plaintiff is the second half of the year.

Based on the original copy of the payment order stated in Paragraph (1), the instant claim for the construction price was issued with KRW 43,566,785 on November 26, 2018, and the claim amount was issued with KRW 43,566,785, and the seizure and collection order was issued with KRW 2018,5286 (the Incheon District Court 2018TTT27286, and “the second seizure and collection order”). The above claim was served with the Defendant on November 29, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, and 6 (including additional numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff is claiming for the payment of KRW 43,56,785, which the Plaintiff received the second claim attachment and collection order among the construction price claims against the Defendant by C, and the delay damages therefrom.

B. The Defendant’s assertion is that the Defendant’s obligation to pay the construction price to C is KRW 176,408,650, and the Defendant paid and paid the money that C has to pay to C, thereby making the remainder of the first claim seizure and collection order KRW 53,373,112 at the time of the first claim seizure and collection order. This is the Defendant’s March 2018.