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(영문) 수원지방법원 2016.10.13 2015나26419
전부금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 27, 2011, Bori Construction Co., Ltd. (hereinafter “ Bori Construction”) entered into a contract with the Defendant on the terms of subcontracting each of the terms and conditions of subcontracting, setting the period of time up to August 5, 2012, with respect to reinforced concrete construction works among the sub-new construction works ordered by the Korea Coast Guard from the East Sea and Maritime Police Agency, by the Defendant as the price for the 1,518,000,000, and the period of August 5, 2012.

After August 2012, the above contract for reinforced concrete construction was amended to October 2, 2012 by the price of KRW 1,005,400,000 for the above contract for reinforced concrete construction, and by the period of October 2, 2012, the above contract for the soil construction was amended to the price of KRW 524,70,000 for the above contract and the period of February 28, 2013.

(hereinafter the above reinforced concrete construction contract and soil construction contract are referred to as "each of the instant construction contracts". B

The Plaintiff based on the original copy of an order of payment with executory force in the Suwon District Court Decision 2012j2571 Equipment Rental Fee Case for Bori Construction. The Plaintiff filed an application for the attachment and assignment order for KRW 85,610,000 among each of the instant construction payment claims against the Defendant for Bori Construction with the Incheon District Court 2013TTTT3292, which is KRW 85,610,000, and the said court issued the attachment and assignment order for the claim (hereinafter “instant assignment order”) on February 4, 2013. The instant assignment order was served on the Defendant on February 6, 2013 and became final and conclusive on July 19, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 3 evidence, Eul’s 1, 3, 5, and 6 (including each number), the purport of the whole pleadings

2. According to the facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant, the garnishee of the assignment order of this case, is obligated to pay the Plaintiff, the entire obligee, the total amount of KRW 85,610,000, and delay damages therefor.

3. Judgment on the defendant's defense

A. Before the Defendant’s assertion was served with the instant order, there was an agreement between the Defendant and Bori Construction on each of the instant construction works.

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