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(영문) 인천지방법원 2017.03.17 2016가단231944
공사대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 2, 2008, the Plaintiff: (a) subcontracted the CReinforcement Corporation (hereinafter “instant Corporation”) that was contracted by the Commissioner of the Gyeong-do Police Agency (hereinafter “the instant Company”) on December 2, 2008 to KRW 147,400,000 (including value-added tax) and completed the construction on June 5, 2009; (b) but did not receive the construction payment from the Nonparty Company.

B. Accordingly, on November 6, 2009, in order to preserve the claim for the payment of the above subcontract price, the Plaintiff received a provisional attachment order on the claim for the payment of the construction price from the non-party company for Taecheon Tourism Development Corporation (Seoul District Court Branch Decision 2009Kadan655), and on November 26, 2009, filed a lawsuit against the non-party company for the payment of the construction price against the non-party company on December 9, 2010, the Plaintiff was sentenced to five percent per annum from the Daegu High Court from June 25, 2010 to December 9, 2010 to the date of full payment (200Na5206), and the above judgment became final and conclusive on March 28, 2011.

(hereinafter “final judgment of this case”). C.

On May 17, 2011, the Plaintiff: (a) received a collection order for the seizure and collection of the claim to transfer the provisional seizure to the seizure upon the instant provisional seizure (amounted to 167,238,467: 167) by using the authentic copy of the instant final judgment as the executive title; (b) and (c) the said order was served on Taecheon Tourism Development Corporation, the garnishee of the Daegu District Court on May 18, 201.

On the other hand, on August 24, 2010, the non-party company issued promissory notes with the Defendant’s wife D on August 24, 2010, a par value of KRW 150 million, issuance date of August 24, 2010, the non-party company, the issuer, the non-party company, the payment date of October 31, 2010, and the Defendant’s new ice Office No. 393. 2010.

E. D Based on the notarial deed of the above promissory note with executory force on November 12, 2010, as to the Taecheon Tourist Development Corporation by the Incheon District Court No. 2010 Ta 32936.

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