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(영문) 대전지방법원 2018.01.23 2017가단208499

추심금

Text

1. As to the Plaintiff KRW 37,978,90 and its KRW 9,690,400 among them, the Defendant shall pay to the Plaintiff KRW 13,00,000.

Reasons

1. Basic facts

A. 1) The Plaintiff’s Gyeonggi Construction Co., Ltd. (hereinafter “Game Construction”)’s bonds against the Defendant, a member of the Plaintiff’s Gyeonggi Construction Co., Ltd. (hereinafter “Game Construction”) refers to the Plaintiff’s re-design, Roof Ginging and Replacement of the Seocho-gu 920, Chungcheongnam-gu, Yandong-gu, Yandong-gu and the repair work of the Ha

(2) On July 25, 2011, the Daejeon District Court filed an appeal against the Defendant for a payment order for the payment of the construction cost under the Daejeon District Court Branch Branch Order 201j2598, but the Defendant raised an objection and ruled on October 1, 2013 as a result of litigation under the 201Gahap63455, the Gyeonggi Construction was lost on November 20, 2013. On November 20, 2013, the Daejeon High Court appealed to the Daejeon High Court Decision 2011Na6345 on the claim for construction cost under the 2013Na5747 on November 28, 2014 (108,98,000 and its delay damages). The said judgment became final and conclusive on December 17, 2014.

B. On June 2013, the Plaintiff, including the provisional seizure of the Plaintiff’s claim, filed an application for provisional seizure of the claim against the claim for the advance reimbursement amounting to KRW 740,232,00 (the amount was corrected to KRW 66,81,500 thereafter). The obligor was Gyeonggi Construction and the third obligor was the Defendant, and the Daejeon District Court filed an application for provisional seizure of the claim against the Defendant for the instant construction cost claim ( Daejeon District Court 2013Kahap559) (the Daejeon District Court 2013Kahap59). On June 25, 2013, the Daejeon District Court issued a decision on provisional seizure of the claim (hereinafter “decision on provisional seizure of this case”). The said decision was served on the Defendant on July 9, 2013.

C. On February 2015, 2015, Gyeonggi Construction requested a collection order against a national bank, based on the executory exemplification of a judgment claiming construction price under Daejeon High Court Decision 2013Na5747, the Defendant applied for a seizure and collection order against a deposit claim against the national bank, a stock company (astronomic. 2015TB support, No. 1267, and astronomic. 24, 2015 support).