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(영문) 서울중앙지방법원 2016.07.19 2015가단25561

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 10, 2012, the Plaintiff concluded a contract for construction work between the Plaintiff and the Plaintiff on September 10, 2012, for the construction of the Hyup Construction Co., Ltd. (hereinafter “the Hyup Construction”) with regard to the newly constructed warehouse C and the construction of a new warehouse and a dormitory located in Gwangju, the construction cost of KRW 330,000,000 for the construction cost (excluding additional tax) and the construction period from September 10, 2012 to October 31, 2012. On December 11, 2012, the Plaintiff concluded a contract for the subcontract for the said Goup Construction to extend the construction period to March 31, 2013; the construction cost of KRW 30,000,000 for the construction cost of KRW 330,000 (excluding additional tax) to be reduced to separate terms and conditions of the contract.

(hereinafter referred to as the “instant printing team construction contract” between the Plaintiff and the Plaintiff and the Plaintiff and the Plaintiff have concluded the instant printing team construction contract.

After the lapse of a collection order, the plaintiff (1)

(2) In order to prevent the Plaintiff from receiving the payment of the construction cost for the steel works as referred to in the foregoing paragraph, the Incheon District Court 2013Gahap21259, and the said court rendered a judgment in favor of the Plaintiff on April 23, 2014 that “The Construction of the Right to Demand Redemption shall pay the Plaintiff KRW 142,090,909, and the damages for delay thereof,” and the said judgment became final and conclusive on May 16, 2014.

(2) On the basis of the above executory judgment, the Plaintiff: (a) based on the foregoing executory judgment, as the Daejeon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office Co., Ltd.; and (b) concluded between the Defendant and the Defendant (C), and based on the contract for the trust construction and new construction of a warehouse and a dormitory (C), and concluded between the Defendant and the Defendant (C), each of the claims and the collection order was issued for KRW 71,045,454, among the claims for the payment of the construction price under the contract for the new construction of a new construction project, and for each claim and collection order.