추심금 등
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. The Plaintiff (Appointed Party) and D, and the Appointed Co., Ltd. filed a lawsuit on the claim for wages, etc. with the Busan District Court Decision 2015Gadan228016 against the Yangyang Comprehensive Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). On April 8, 2016, the said court rendered a judgment ordering the Nonparty Co., Ltd to pay the Plaintiff (Appointed Party) KRW 66 million, D23520,000, KRW 39,425,00, and delay damages.
B. On May 12, 2016, Plaintiff (Appointed) and D, and Appointed C filed an application for a seizure and collection order under the Changwon District Court Decision 2016Ma1824, the claim amount of which is KRW 74,182,190, KRW D26,435,834, and KRW C10,593,440 with the Defendant regarding the claim for construction price related to the contract for the construction site E located in the building site E located in the system E, the Nonparty filed against the Defendant for a seizure and collection order.
On May 16, 2016, the collection order for the seizure and collection of the relevant claim (hereinafter “instant claim seizure and collection order”) was completed, and the original copy of the said decision was served on the Defendant on May 19, 2016.
C. Meanwhile, upon F’s request, the Busan District Court Decision 2015Kadan1502 (the claimed amount of KRW 83,908,069) was served on March 10, 2015, and the Busan District Court Decision 2015Kadan51635 (the claimed amount of KRW 70,595,000) was served on the Defendant on September 18, 2015, which was rendered on August 10, 2015 by the Busan District Court 2015Kadan1502 (the claimed amount of KRW 83,908,069).
After being served with the seizure and collection order of this case, the defendant submitted to the court of execution a statement that the obligation for the payment of the construction price is KRW 28,673,202 as of the date of statement to the court of execution, and that the seizure is concurrent.
E. On June 28, 2016, D transferred the entire claim for collection (26,435,834 won) according to the collection order under the seizure and collection order of the instant claim to the designated party B. On June 29, 2016, D notified the Defendant of the said transfer.