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(영문) 창원지방법원 2017.11.16 2016가합51781

전부금 및 추심금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 8, 2013, the Defendant subcontracted the construction cost of KRW 920,00,000 for the original machine corporation (hereinafter “original machine”) (hereinafter “original machine”) to the original machine company (hereinafter “the construction work performed by the original machine”), ② the construction work performed by the original machine (hereinafter “the construction work”) < Amended by Act No. 111,500,000,0000,000,000 from the original machine company located in Japan (hereinafter “the construction work performed by the original machine”) < Amended by Act No. 11795, Oct. 8, 2013; Act No. 58,000,000; Act No. 6300, Oct. 8, 2013; Act No. 6098, Oct. 9, 20000>

(hereinafter referred to as "construction works performed by the original machine"). (b)

The defendant completed export on November 2014 after receiving all the machinery manufactured under each of the above construction contracts from the original machinery.

C. In addition to all of the above construction costs, the Defendant paid KRW 200,000,00 as additional construction costs ( KRW 70,000,000 on July 31, 2014, KRW 150,000 on September 1, 2014, KRW 220,000,000 on the basis of additional construction costs, and in fact, including value added tax).

After that, with respect to claims such as the price of supplied goods, etc. which the original machine holds against the defendant, the plaintiffs, as creditors of the original machine, received the seizure and assignment order or the seizure and collection order as shown below.

On January 6, 2015, the Plaintiff’s case number and name delivery date 1 A Busan Busan District Court 2014TTT 34041 provisional seizure is transferred to the main rock, and the claims seizure and assignment order 2015TT 2 B B Changwon District Court 2015TT 89, January 6, 2015, and collection order 2015.24 February 24, 2015, 2015, are the claims seizure and collection order 2015T 107, Young Steel Changwon District Court 2015T 6364 claims seizure and collection order 2015, July 25, 2015.