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(영문) 대구지방법원 2019.09.05 2018나309765

추심금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On January 3, 2017, the Plaintiff received a decision on performance recommendation (2016da31726, hereinafter “the instant decision on performance recommendation”) from the Busan District Court: D, claim amount: 8,789,400 won, and damages for delay calculated at the rate of 15% per annum from February 3, 2017 to the date of full payment. The said decision on performance recommendation became final and conclusive on February 17, 2017.

B. On January 10, 2017, the Plaintiff received a provisional attachment order (hereinafter “instant provisional attachment order”) regarding D’s claim for return of the construction cost of new construction of building F E Co., Ltd. (hereinafter “E Work Price Claim”) from the Daegu District Court of the Busan District, Daegu District Court (hereinafter “C Co., Ltd.”) on the Defendant (hereinafter “E Work Price Claim”), and the said decision was served on the Defendant around that time.

C. Based on D’s decision on the instant recommendation, the Plaintiff filed an application for a collection order regarding “9,41,654 won out of the claim for the construction cost of the G-based building construction of the G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based G-based Kimcheon Branch on December 21, 2017, the Daegu District Court seized the amount of the claim against D-’s Defendant until it reaches the claim amount, and issued a seizure and collection order to the effect that the Plaintiff may collect the seized claim (hereinafter “instant claim attachment and collection order”), and the instant claim attachment and collection order were served to the Defendant around that time.

The defendant entered into a contract on the extension of raw material plant E Co., Ltd. in racing with D.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 3, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff received a seizure and collection order as to the claim for the construction price of E.

E The E Contract Price Claim is KRW 308,000,000, and the defendant shall pay only KRW 291,950,000 and remainder.