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(영문) 의정부지방법원 2016.01.29 2014가단50258

전부금

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 November 12, 2013, the Defendant entered into a contract for the supply of reinforced retaining walls block and responsible construction with the Mine L&C (hereinafter “B”) in relation to A (hereinafter “instant construction”) on November 12, 2013, and vice versa entered into a subcontract with C, who is an operator B.

The Plaintiff entered into a contract with C to supply reinforced block at the construction site of this case and supplied reinforced block.

B. On June 13, 2014, the Plaintiff filed an application for provisional seizure against claim with C as the debtor and the defendant as the third debtor, and on June 13, 2014, the said court rendered a decision of provisional seizure against claim (hereinafter “decision of provisional seizure against claim”) regarding KRW 50,067,00 of the remainder of the construction price under Article 88 of the Framework Act on the Construction Industry and Article 84 of the Enforcement Decree of the same Act, which the Defendant paid to C, and Article 84 of the Enforcement Decree of the same Act.

C. The Plaintiff filed a motion for attachment and assignment order with C as the debtor and the defendant as the third party debtor. On October 1, 2014, the above court transferred the above provisional attachment as the principal attachment, seized KRW 685,800 out of the construction cost to be paid by the defendant to C, and issued an assignment order with regard to the claim amounting to KRW 50,752,80 ( KRW 50,67,000) as the seized claim amounting to KRW 50,752,80 ( KRW 685,800) (hereinafter “instant assignment order”).

The assignment order of this case was served on the defendant around that time and became final and conclusive.

[Recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 1, the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. Since C’s claim for construction price of KRW 290,00,000 against the Defendant, the Defendant is obligated to pay the Plaintiff the full payment in accordance with the assignment order of this case.

B. According to the evidence mentioned earlier and the evidence Nos. 4-1 and 4-2, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff claims the full payment after the assignment order of this case.