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(영문) 청주지방법원 2015.04.16 2014가합1451
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts recognized;

A. The Defendant entered into a subcontract for construction works (hereinafter “instant subcontract”) with respect to reinforced concrete construction works among the above construction works (hereinafter “instant construction works”) as a contractor for the construction works in Zone B 3-Class A, ordered by the Ministry of Public Administration and Security Office, and with respect to C Co., Ltd. (hereinafter “C”) and the administrator D of C Co., Ltd and Debtor Rehabilitation Obligor Co., Ltd. (hereinafter “C”) on January 25, 2013.

(2) Contract amount: 7,590,000,000 won (including value-added tax) in the course of construction.

B. Based on the claim for the amount of goods unpaid to C, the Plaintiff was issued a provisional attachment order on the claim for the instant construction cost amounting to KRW 90,700,000 against the obligor, the Defendant, the third obligor, and the Defendant, based on this Court’s claim for the amount of goods unpaid to C (hereinafter “instant provisional attachment order”), and the original copy was served on the Defendant on August 5, 2013, and on August 29, 2013, respectively.

C. Thereafter, the Plaintiff applied for a payment order against C with this Court No. 2013 tea484 to seek payment of goods. On November 7, 2013, the Plaintiff received a payment order from the above court that “C shall pay to the Plaintiff 181,400,855 won, and at the rate of 20% per annum from the day after the original copy of the payment order is served to the day of complete payment.” The above payment order was finalized on December 25, 2013.

On January 9, 2014, the Plaintiff was named as this Court 2014TTT129.

On January 13, 2014, the provisional attachment of claims as stated in paragraph (1) was issued, and the original copy of the decision was served on the Defendant on January 13, 2014, and on January 22, 2014, it became final and conclusive on January 30, 2014.

E. Meanwhile, from August 2, 2013, C did not pay materials and personnel expenses to the subcontractor from around August 2, 2013.

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