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대전지방법원 2018.06.20 2017가단22176

추심금

Text

1. Of the instant lawsuit, the part concerning the claim of KRW 111,336,132 is dismissed.

2. Of the instant lawsuits, KRW 16,490,301.

Reasons

1. Basic facts

A. The Plaintiff and C, D, E, F, G, H, I, J, K, L, M, P, P, Q, R, and S (hereinafter “Plaintiff, etc.”) filed an application for provisional attachment against “T Construction” (hereinafter “T Construction”) held against the Defendant by the Daejeon District Court 2015Kadan98 (hereinafter “SS Construction”) against the Defendant, with the Plaintiff as the designated party. The said court accepted the provisional attachment order and served the Defendant on March 17, 2015 (hereinafter “instant provisional attachment order”). The provisional attachment order was served on the Defendant on March 19, 2015.

B. On April 23, 2015, the Plaintiff et al. filed an application with the Daejeon District Court for a payment order with the Plaintiff as the appointed party. On April 23, 2015, the said court issued a payment order with the Plaintiff et al. to the effect that “Sego Construction shall pay 96,120,000 won and 20% interest per annum from the day following the delivery date of the original copy of the payment order to the day of complete payment,” and the said payment order was finalized on May 19, 2015.

C. On January 3, 2017, the Plaintiff, etc. filed an application with the Daejeon District Court for a collection and seizure order stating that the provisional seizure of this case was transferred to a provisional seizure and that additional KRW 31,706,433, by designating the Plaintiff as the designated party, the Plaintiff, etc. issued a seizure and collection order of the same content (hereinafter “instant collection order”). The instant collection order was served on the Defendant on January 11, 2017.

C, D, E, F, G, H, I, J, K, L, M, M, P, P, Q, R, and S (hereinafter “appointed”) transferred KRW 111,36,132 to the Plaintiff on March 2017, and notified the Defendant of the assignment of the above claims.

On April 6, 2017, the Plaintiff’s claim for collection of KRW 16,490,301 and the claim for collection of KRW 111,336,132 against the Defendant, together with the claim for collection of KRW 127,826,433.