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(영문) 서울중앙지방법원 2017.10.13 2015가단194054

추심금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On April 9, 2013, the Defendant: (a) the construction period from April 13, 2013 to November 20, 2013 (hereinafter “instant construction”); (b) the construction period from April 13, 2013 to November 20, 2013; (c) the construction price was KRW 946,00,000 (including value-added tax); and (d) the liquidated rate of liquidated damages was 1/100; and (e) the construction of the instant building was completed after the construction of the filial wave.

B. The Plaintiff Samggle Lagle Co., Ltd. (hereinafter “Plaintiff Samggle”) filed a lawsuit against Samggle Construction with the Seoul Central District Court 2014da97873, which claimed payment of the construction cost, and the decision was finalized as a substitute for the conciliation of the content that Samggle Construction would pay KRW 21,90,000 to the Plaintiff Samggle Construction while the lawsuit is pending.

C. The Plaintiff Hansan Industrial Development Co., Ltd. (hereinafter “Plaintiff Hansan Industrial Development”) filed a lawsuit against the Plaintiff Hansan Construction with the Seoul Southern District Court 2014Gau96719, and the Seoul Southern District Court 2014Gau96719 filed a lawsuit seeking payment of the construction cost. During the said lawsuit, the conciliation was concluded to pay 12,90,000 won to the Plaintiff Hansan Industrial Development as the construction cost.

Plaintiff

Samggle filed an application with the Seoul Southern District Court for a seizure and collection order with respect to the claim for the construction price of this case against the Defendant, the claim amount of which is KRW 25,788,000, as Seoul Southern District Court 2015TTTTT16049. The above court rendered a decision accepting the above claim on September 23, 2015, and the original copy of the above decision was served on the Defendant around that time.

E. The Seoul Southern District Court 2015TTTTT16831 applied for a collection order with respect to the claim for the construction price of this case against the Defendant, which is the claim amounting to KRW 15,303,288, which is the claim amounting to KRW 15,30,288. The above court accepted the above claim on October 13, 2015.