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(영문) 부산지방법원 2020.08.14 2020가단306972

전부금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 11, 2010, the Plaintiff filed a lawsuit against C Co., Ltd. (hereinafter referred to as “C”) for the claim for construction cost. On June 11, 2010, the court rendered a judgment that “C shall pay to the Plaintiff the amount of KRW 27,840,000 and the amount calculated at the rate of 20% per annum from November 17, 2009 to the date of full payment” (hereinafter referred to as “instant judgment”).

B. Although C appealed, on February 9, 2011, the lower court was sentenced to the dismissal judgment (2010Na990) by this court, and the second appeal was made, but the Supreme Court rendered a final judgment dismissing the appellate brief on April 29, 201 (Supreme Court Decision 201Da25282) and the first instance judgment became final and conclusive around that time.

C. On March 6, 2017, the Plaintiff: (a) filed a claim for the instant judgment amounting to KRW 27,840,000 for the execution of the instant judgment amounting to KRW 26,200 for the principal payment of KRW 26,562,00 for the instant judgment; (b) and (c) filed a claim seizure and collection order of KRW 2017 for the obligor C and the third obligor; and (d) filed a claim seizure and collection order of KRW 2017 for the Defendant; (b) on March 6, 2017, the Plaintiff rendered a decision with the court that “C seizes its claim amount from the Defendant to the claim amount of the present and future construction payment of KRW 40,50 for the construction payment of KRW 26,200 for the instant judgment amount.”

The Plaintiff, with the claim amount of the instant judgment claim, filed an order with the debtor C and C as the defendant, to wholly issue an order with the court 2017TTTTT 8565. On June 27, 2017, the Plaintiff received a decision from the court that “C shall fully claim the amount of the claim from the defendant out of the claim amount, such as design, service cost, goods cost, construction deposit, and construction cost received from the defendant (hereinafter “instant assignment order”). The said decision became final and conclusive on August 10, 2017.

E. The relevant civil case (1) C is the construction price at this court against the Defendant on May 26, 2016.