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(영문) 서울중앙지방법원 2019.11.08 2019가단5127675

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 March 10, 2015, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with C Co., Ltd. (hereinafter “C”) on the condition that construction work for D neighborhood living facilities shall be KRW 1,350,000,000 for construction cost (excluding value-added tax).

B. On July 11, 2018, the Plaintiff filed a lawsuit against Suwon District Court 2018da205857 and filed a lawsuit seeking reimbursement against C and E, and on July 11, 2018, “C and E shall jointly and severally pay to the Plaintiff KRW 91,20,000,000, and C shall pay 5% per annum from October 27, 2016 to April 28, 2018, and 15% per annum from the next day to the day of full payment, and E shall pay 5% per annum from October 27, 2016 to May 5, 2018, and 15% per annum from the next day to the day of full payment,” which became final and conclusive at that time.

Identification of claims to be seized and collected by this seizure

1. The above amount among the claim of KRW 87,140,000, which is to be transferred and collected as provisional seizure, from the defendant: Provided, That this shall not apply to the claim of which seizure is prohibited under Article 88 of the Framework Act on the Construction Industry; and

Construction name: The site location of the D neighborhood living facilities: Pyeongtaek-si D

2. Of the claims to be attached and collected, the above amount shall be the amount among the claims for the construction cost possessed by C from the defendant: Provided, That those prohibited from seizure under Article 88 of the Framework Act on the Construction Industry shall be excluded;

Construction name: The site location of the D neighborhood living facilities: Pyeongtaek-si D

C. Based on the original copy of the above judgment, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) with respect to the claim for construction price against the Defendant in Suwon District Court (2018TT). On November 2, 2018, the instant collection order was served on the Defendant on November 2, 2018.

The amount of request for the collection order of this case and the claims for collection are as follows:

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings

2. The plaintiff's assertion.