(영문) 광주지방법원 2017.12.22 2016가합1139

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(영문) 광주지방법원 2017.12.22 2016가합1139

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant contracted the construction of the building for the main complex B in Dong-gu, Gwangju (hereinafter “instant construction”) to a district comprehensive construction company (hereinafter “district building”).

B. From January 1, 2015 to June 30, 2015, the Plaintiff leased the temporary materials for construction necessary for the construction of an apartment, and thereby, owned a claim for the unpaid royalty amounting to KRW 287,376,000,00, as the Plaintiff did not pay the fees for the use of a district unit, etc., the Plaintiff applied for a payment order against district unit, etc. as the payment order seeking the payment of usage fees of KRW 287,376,00,00 and the delayed payment damages therefor from September 11, 2015, and the payment order became final and conclusive on October 1, 2015.

C. Based on the above payment order, the Plaintiff filed a seizure and collection order as to the amount until it reaches the claim amount of KRW 318,554,327, which was the claim amount, out of the construction cost of the instant construction work against the Defendant, with the garnishee as the Defendant under the court 2016TT 4836 (hereinafter “construction cost of this case”), and issued a seizure and collection order on April 6, 2016 (hereinafter “instant collection order”). The order was served on the Defendant on April 8, 2016.

[Ground of recognition] Facts without dispute, each entry of Gap 1 through 3 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the aforementioned evidence and the purport of the entire pleadings, the fact that the Defendant contracted the instant construction project to a district unit, as seen above, is the fact that the Defendant, at the time when the collection order of this case was served on the Defendant, was served on the district unit, was KRW 500,000,000.

Furthermore, the Plaintiff is the Defendant at the time the instant construction was terminated on April 2016.

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