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(영문) 의정부지방법원 고양지원 2018.12.14 2018가합70755

추심금

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 26, 2017, the detailed construction contract (hereinafter “E construction contract”) entered into between the Defendant A and B (hereinafter “Defendant A, etc.”) with regard to the supply of and demand for the construction of the E-family housing (hereinafter “E construction contract”) by determining the contract amount of KRW 1,650,000,000 for the new construction of the E-family housing from October 10, 2017 to October 9, 2018. Defendant C and D (hereinafter “Defendant C, etc.”) entered into a construction contract for the construction of the Gangnam-gu Seoul Building Construction Contract (hereinafter “F construction contract”). From April 20, 2017 to March 31, 2018, the construction contract was concluded between the Defendant C and D (hereinafter “Defendant C, etc.”) with regard to the supply of and demand for the E-family housing construction.

B. On April 7, 2017, the Plaintiff asserted that there was a claim for construction cost claim of KRW 382,920,000 against the Sejong Comprehensive Construction, and received the judgment in favor of the Plaintiff on April 7, 2017, by asserting that there was a claim for construction cost claim of KRW 382,920,000, the Seoul Central District Court 2016Gahap29635, and the said judgment became final and conclusive at that time. Based on the certified copy of the judgment with executory power over the above final and conclusive judgment, it received a seizure and collection order (hereinafter “instant seizure and collection order”) of the purport that “the construction cost and the future construction cost claims arising from the construction contract concluded with the Defendant A, etc. with the Defendant under the E Contract for Construction and the F Contract concluded with the Defendant C, etc., each of the Defendant.”

On the other hand, on December 4, 2017, the above seizure and collection order reached Defendant A, C, and D respectively, and Defendant B on December 5, 2017.

[Ground of recognition] Facts without dispute, Gap 3, 4 evidence, Eul 1, 4 evidence, Eul 1, Eul 1, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff received the instant seizure and collection order with respect to the claim for the construction cost owed by the Gwangju General Construction Co., Ltd. against the Defendants. Therefore, the Defendants are obligated to pay the said construction cost to the Plaintiff, the collection right holder.