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(영문) 울산지방법원 2018.11.15 2018가합21933
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that in order to preserve the claim for the judgment against the non-party MS Heavy Industries Co., Ltd. (hereinafter "MS Heavy Industries"), the debtor is the IMS Heavy Industries, and the third debtor is the defendant, and the third debtor is the defendant about 400,000,000 won of the construction cost claim related to the construction work of Landong-gu 3 DM Factory New Construction Project, which IMS Industries holds against the defendant, and the defendant is subject to the seizure and collection order, so the defendant is liable to pay the above construction cost to the plaintiff as the collection creditor.

However, it is not sufficient to recognize that the Defendant contracted the above construction work to IMS Heavy Industries, and IMS Heavy Industries has a claim for construction payment against the Defendant, only with the descriptions of Nos. 2-1 and 2, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion based on the premise that the collection claim exists is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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