추심금
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.
1. Basic facts
A. Before June 2015, Cheongdo-gun entered into a contract with the Defendant for the construction work of creating the Korean Copid village at KRW 91-3 of the two principles of this document in Cheongdo-gun, Cheongdo-gun.
B. On August 10, 2015, the Defendant entered into a subcontract (hereinafter “instant subcontract”) with a subcontractor company (hereinafter “sub-contractor”) on the condition that the contract amount of 260,180,000 won (including value-added tax) and the construction period from August 10, 2015 to August 31, 2016, regarding the installation of machinery and equipment (hereinafter “instant construction”).
C. From August 10, 2015 to September 27, 2016, the Sejong Enterprise carried out the instant construction project at the level of KRW 70,653,040 based on the construction amount, and around September 2016, it declared the Defendant to waive the progress of the instant construction project, and the Defendant expressed his/her intent to reverse the instant subcontract to the Sejong Enterprise on October 2016.
On October 28, 2016, the Plaintiff filed an application for provisional seizure of the instant claim against the Defendant by using the claim amounting to KRW 51,027,926 as the claim amount of KRW 51,027,926 against the Sejong Company (Seoul District Court 2016Kadan5118). On November 1, 2016, this Court rendered a ruling accepting the said claim, and the said ruling of provisional seizure (hereinafter “instant provisional seizure order”) was served on the Defendant, who is the garnishee, on November 2, 2016.
E. On February 13, 2017, the Plaintiff applied for a collection order, such as the transfer of the above provisional seizure to the provisional seizure (Seoul District Court 2017TTTTTTTTTTTTTTT). On February 15, 2017, this Court rendered a ruling of admitting the provisional seizure of KRW 51,027,926 among the claims for the construction payment of this case by the provisional seizure order, and attached KRW 34,31,035, the remainder of KRW 34,311,035. The Plaintiff may collect the above seized claims, and not more than the above ruling of acceptance.