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(영문) 서울중앙지방법원 2018.03.30 2017가단5110871

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In order to preserve the claim for meal costs of KRW 79,490,850 against Daehan Construction Co., Ltd. (hereinafter “Daehan Construction”), the Plaintiff, the obligor, the garnishee, the garnishee, the Defendant, and the seized claims filed an application for provisional attachment on March 31, 2017 with the provisional attachment order of KRW 79,490,850 with the Suwon District Court 2017Kadan143, which was the same year.

4. 5. The service was made to the Defendant.

B. After that, on May 29, 2017, the Plaintiff received a provisional attachment No. 2017Kadan1143 from Suwon District Court 2017 to Suwon District Court 2017TTTT construction, based on the original copy of the payment order issued by the Suwon District Court 2017Ka664, 79,490,850 out of the claim for the construction cost of the aggregate of the construction cost of the above new construction works against the Defendant of the construction of the same unit, as the provisional attachment No. 2017Kadan143, and the remainder of 1,125,821 won was seized, and the above decision was issued for the same month.

5.31 The defendant was served on 31.

Evidence Nos. 1, 2, and 5

2. The plaintiff's assertion asserts that the defendant is obligated to pay 80,616,671 won and interest thereon to the plaintiff in accordance with the above collection order.

3. However, in a lawsuit for collection based on the collection order, the existence of the seized claim is proved by the obligee. However, there is no evidence to prove that the seized claim remains at the time when the collection order in this case was served to the Defendant.

Rather, if the purport of the entire pleadings is added to the statements in the evidence Nos. 1 to 4 and 8, the representative C of the construction site and the construction site workers at the construction site at the above new construction site at May 30, 2016 transferred to C the claim for construction cost against the Defendant of the construction site at the above construction site to pay wage claims on May 30, 2016, the fact that the Defendant consented, and that the construction at the same time and the construction at Korea and the construction materials corporation at Korea