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(영문) 인천지방법원 2017.04.21 2016가합57860

청구이의

Text

1. The amount of the Defendant’s construction work (the main office) on December 23, 2015, Korea District Court Decision 2014Da10546, decided December 23, 2015.

Reasons

1. Basic facts

A. On December 19, 2013, the Defendant, who seized the Defendant’s claim, as the Incheon District Court Decision 2013Kahap1067, the amount of which is KRW 261,968,400 (hereinafter “Korea-do Construction”) against the Plaintiff, was decided to provisionally seize the claim regarding the claim for the construction cost against the Plaintiff (the claim held with respect to the construction work in the Dara Construction as against the Plaintiff (hereinafter “instant claim for the construction cost”).

B. The Defendant filed a lawsuit against Hando Construction seeking payment of the construction price under the Incheon District Court 2013Gahap21037, May 22, 2015 (hereinafter “No. 280,240,957 won, and the amount calculated by the rate of 6% per annum from December 31, 2013 to May 22, 2015, and 20% per annum from the next day to the date of full payment” (hereinafter “No. 1”)

(2) The judgment of the first instance became final and conclusive around that time. (2) The Defendant was issued a ruling of seizure and collection order (hereinafter “order for seizure and collection”) to transfer the provisional seizure of KRW 236,236,641 out of the instant construction cost claims as the title of execution to the Incheon District Court 2015TTTT No. 502593, August 24, 2015. The said ruling was served on the Plaintiff on August 27, 2015.

3) On September 16, 2015, the Defendant rendered a decision to seize and collect the claim amounting to KRW 80,000,000 among the claim for construction price of this case under the Incheon District Court 2015TTT No. 50396, the title of execution of the judgment on September 16, 2015 (hereinafter “the second claim attachment and collection order”).

The above decision was served on the Plaintiff on September 18, 2015.

C. Sora Construction, which was instituted against the Plaintiff, filed a suit against the Plaintiff for the payment of the instant construction cost by the Incheon District Court 2014Gahap10546, and the Plaintiff also filed a suit against the Plaintiff as the same court 2015Gahap54673.