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(영문) 수원지방법원 안산지원 2017.03.23 2015가합1281
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a company whose main business is steel structure, board construction, and manufacture of metal processed products. The defendant is a company that engages in construction business, such as general construction works and general construction works.

B. Around April 2014, the Defendant entered into a construction agreement and entered into a construction project agreement and entered into a subcontract with the Plaintiff, setting the construction cost of KRW 484,00,000, and the construction period from April 15, 2014 to June 30, 2014 (hereinafter “instant first construction project”), and the Plaintiff completed the instant first construction project on October 9, 2014.

Around September 2014, the Defendant entered into a subcontract with the Plaintiff during the construction period of KRW 344,300,000, and the period from September 25, 2014 to October 29, 2014 (hereinafter “instant secondary construction”). The Plaintiff completed the instant secondary construction on December 10, 2014.

C. The Defendant paid the Plaintiff KRW 228,00,000, totaling KRW 148,000 on April 28, 2014 as the construction cost of the instant construction project, and KRW 228,00,000 on January 13, 2015. The Defendant paid KRW 50,000,000 on September 30, 2014 as the construction cost of the instant secondary construction project; KRW 40,00,000 on October 5, 204; KRW 85,00,000,000 on November 7, 2014; KRW 30,000,000 on December 18, 2014; KRW 10,000 on October 19, 2010; KRW 10,000 on October 20, 205; and KRW 10,000 on October 19, 2014

On April 22, 2015, Jinsan S&P Co., Ltd. issued a seizure and collection order (hereinafter “instant collection order”) against KRW 310,025,30 among the construction cost claims held by the Plaintiff against the Defendant according to the performance of the instant construction work under Articles 1 and 2 (hereinafter “instant construction work claims”). On April 24, 2015, the first collection order was served on the Defendant, who is the garnishee, as of April 24, 2015.

B On October 20, 2015, 190,240,000 won out of the instant construction cost claim under this Court No. 2015,2211.

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