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(영문) 대구지방법원 2017.06.08 2015가단38436
추심금
Text

1. The Defendant’s KRW 111,352,530 as well as the Plaintiff’s annual rate from August 14, 2015 to October 6, 2015, and the following.

Reasons

1. Basic facts

A. On October 6, 2014, the Defendant: (a) determined and subcontracted construction cost of KRW 880,000,000 (including value-added tax; hereinafter the same shall apply); and (b) the construction period of construction from October 6, 2014 to March 30, 2015, among the building construction works on the ground B of Kimcheon-si, Kimcheon-si (hereinafter “the subcontracted construction”).

B. On June 7, 2015, the Corporation completed the subcontracted construction of this case.

C. On March 26, 2015, the Plaintiff, who was sub-subcontracted for the instant subcontracted construction among the instant subcontracted construction works, was subject to a provisional attachment order on KRW 105,253,80, out of the subcontract price claim against the Defendant for the instant subcontracted construction, with the claim for the construction cost as the preserved claim (hereinafter “provisional attachment order of this case”), and the said provisional attachment order was served on the Defendant on March 26, 2015.

Since then, the Plaintiff filed a lawsuit against the piracy for the claim for construction cost of KRW 111,352,530 (Seoul District Court Branch Branch Office 2015Kadan8418), and rendered a favorable judgment, and subsequently, transferred the instant provisional seizure to a provisional seizure for KRW 105,253,80 out of the subcontract price claim of this case, and transferred the remainder of KRW 6,098,730 to a new seizure for the remainder of KRW 111,352,530 out of the above seizure amount (the collection order of this case was issued (the Busan District Court Branch Branch Office 2015Mada5716, hereinafter “the collection order of this case”).

The instant collection order was served on August 13, 2015 on the Defendant. D.

In the instant subcontracted construction lawsuit against the Defendant (Seoul District Court Decision 2015Gahap15972, hereinafter “the instant subcontracted construction lawsuit”), the Plaintiff filed a suit against the Defendant for the claim of the construction cost of the instant subcontracted construction (hereinafter “the instant lawsuit”), and the Plaintiff received KRW 62,22 million out of the total construction cost of KRW 5,500,000,000,000,000,000,000 for additional construction cost under the agreement under Paragraph (a). As such, the Plaintiff deducted the amount attached to the instant collection order from KRW 111,352,530, and claimed payment of the remainder

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