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(영문) 대구지방법원 2017.03.23 2016가단30231
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts to the following purport. A. The plaintiff asserts to the following purport.

The plaintiff has 85,347,958 won and damages for delay against A based on the payment order issued by the Busan District Court 2013j309, the Daegu District Court 2013j309.

B. A has a claim for the construction cost against the defendant for the team construction division among the team construction works (hereinafter referred to as the "construction works in this case") in Gyeonggi-do.

The Plaintiff, based on the claim against A (the amount claimed: 141,041,873 won), received a claim against A for the construction price claim against the Defendant against the Busan District Court (2016TTTTT 5497). The decision was served on July 15, 2016 on the Defendant.

C. The defendant shall pay KRW 141,041,873 to the plaintiff according to the above seizure and collection order and the delay damages.

2. First of all, as to whether A has a claim for construction price as alleged by the Plaintiff, it is insufficient to acknowledge that A has a claim for construction price to the Defendant solely on the basis of each of the records in the Health Account Book, Evidence No. 2, Evidence No. 1, 2, and Evidence No. 3-1, 4-2, and 3 submitted by the Plaintiff, and no other evidence exists

Rather, according to the evidence Nos. 1, 2-1 and 2-2, the defendant is recognized as having entered into a contract with CConstruction (D) on or around April 21, 2016 ( insofar as the parties to the contract entered into a contract for the construction of this case are CConstruction, it cannot be deemed that A has a claim for the construction cost against the defendant even if A participated in the construction of this case, as long as the parties to the contract entered into the contract were CConstruction). Therefore, the plaintiff's assertion is without merit.

3. Therefore, the plaintiff's claim is dismissed for all reasons.

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