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(영문) 의정부지방법원 고양지원 2018.10.25 2018가단71409

추심금

Text

1. As to KRW 158,326,305 and KRW 107,614,816 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 50,711,489.

Reasons

1. Facts of recognition;

A. On April 8, 2016, Nonparty 1 Co., Ltd. (hereinafter “Nonindicted Co., Ltd”) concluded a subcontract with the Defendant to set the construction cost of reinforced concrete construction at KRW 1,925,00,000 among the new construction works of an officetel located in Ansan-dong Office, Ansan-si, the Defendant entered into a modified contract with the Defendant to KRW 521,363,919, in total, KRW 2,446,393,919.

(hereinafter “instant construction contract”). B.

On September 19, 2016, the non-party company entered into a subcontract with the Defendant at KRW 2,789,000,000 for the construction work of reinforced concrete among the large-name housing complex construction works located in the Dong-gu Incheon Metropolitan City, Nam-gu.

(hereinafter referred to as the “Sacheon-gu Construction Contract”).

On December 28, 2016, the Plaintiff issued a provisional attachment of KRW 213,925,754 (hereinafter “provisional attachment of this case”) among the construction completion money and the remainder claims under the instant construction contract that the non-party company had against the Defendant, as the Seosan Branch of the Daejeon District Court Decision 2016Kahap310, Dec. 28, 2016, and the said provisional attachment ruling was served on the Defendant on December 30, 2016.

On May 29, 2017, the Plaintiff was issued a collection order for the attachment and collection (hereinafter “the first attachment and collection order”) with the content of transferring the provisional attachment to the original attachment, among KRW 107,614,816, out of KRW 213,925,754, based on the executory payment order of the Daejeon District Court, Seogjin-si Branch of Daejeon District Court 2017Hu549, Seogjin-si, Daejeon District Court 2017Hu549, which is the main subject of the provisional attachment of this case. The Plaintiff was issued a collection order for the attachment and collection as mentioned above, on May 31, 2017, based on the executory payment order under the construction contract of this case and the construction contract of the Dong-gu Incheon Metropolitan City.

E. On July 13, 2017, the Plaintiff filed a claim for the construction cost and remainder under the instant construction contract and the Dong-dong construction contract, which the non-party company was against the Defendant, as the Seosan Branch of the Daejeon District Court Decision 2017Kadan3250, supra.