추심금
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 14, 2017, the Plaintiff received a decision on provisional seizure of claims against the Defendants (this Court Decision 2017Kadan30323) by designating the Defendants as the garnishee as the obligor.
On the 17th of the same month, the decision of provisional seizure was served on the old National Land Construction Co., Ltd. (hereinafter referred to as the “former National Land Construction”), and on the 21st of the same month, on the 17th of the same month, on the so-called “Korea Comprehensive Construction” (hereinafter referred to as the “Korea Comprehensive Construction”). In the decision of provisional seizure,
1. The amount of money not later than the amount claimed (218,502,335 won) out of the construction price to be paid by the debtor to the third debtor, the debtor, the third debtor, the Korea-do Comprehensive Construction Corporation, the debtor of which has caused various construction works such as tin work;
2. The amount of money not later than the above claim amount (1,00,000 won) out of the construction price that the debtor is to receive from the third debtor, the third debtor, the old-do Kim Jong-si, the third debtor's land construction of the Gyeongbuk-si, Kimcheon-si, and the debtor completes after being requested to do so;
B. The Plaintiff received an order to pay KRW 318,502,335 and damages for delay against the unused building stones (this Court Decision 2017 tea1053).
This payment order was finalized on May 3, 2017.
C. On July 13, 2017, the Plaintiff received a collection order for the seizure and collection (this court 2017TTT 104949; hereinafter “instant seizure and collection order”).
On July 19, 2017, the instant seizure and collection order was served on the Defendants.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Determination as to the cause of action
A. The Defendants asserted by the Plaintiff are obligated to repay the seized claim to the Plaintiff according to the instant seizure and collection order.
The claim amount, which is part of the claim amount attached by the plaintiff, is sought.
B. (1) The existence of the seized claim in a collection suit based on the collection order is the Plaintiff.