(영문) 서울중앙지방법원 2016.01.13 2015가단5174253

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(영문) 서울중앙지방법원 2016.01.13 2015가단5174253

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 Plaintiff received a provisional seizure order under the court 201Kadan67067 against the Defendant of the non-party company (hereinafter “instant seized claim”) with regard to the claims, such as the price of goods, against the non-party company as preserved claims against the Defendant of the non-party company (hereinafter “non-party company”). On July 2, 2012, the Plaintiff received a provisional seizure order under the court 201Kadan67067 against the non-party company. On July 2, 2012, the court 2012 against the non-party company based on the certified copy of the judgment with executory power of the case, such as the price of goods, etc., 71,170,000 won with regard to the claim for the seized claim, and received the provisional seizure and collection order (hereinafter “the claim seizure and collection order”), and the claim seizure and collection order were delivered to the Defendant on the 5th of the same month.

Of the service payment claims to be paid by the non-party company to the non-party company and the defendant in accordance with the Kim Skympha design service contract between the non-party company and the defendant, the amount of the claim amount among the service payment claims excluded from the non-party company from the beneficiary of the obligation exemption on November 29, 201.

B. On July 20, 201, Nonparty Company received a subcontract (hereinafter “instant subcontract agreement”) with the Defendant, setting the construction cost of KRW 2.13 billion (including value-added tax) and the construction period from July 20, 201 to November 30, 201 of the same year, among the Kimpo-cream projects contracted by the Defendant from the Defendant, from among the projects for Kimpo-ckdong shopping.

C. On November 28, 201, the non-party company submitted to the Defendant a letter of waiver of construction that the construction of this case would be waived due to the aggravation of management conditions, and the Defendant rescinded the subcontract of this case at that time.

[Basis] Facts without dispute, Gap 1, 2, 3 evidence, Gap 3-1, Gap 8 evidence, Gap 12 evidence, Eul 2 evidence, Eul 2-1 through 3, the purport of the whole pleadings, and the purport of the whole pleadings

2. The assertion and judgment.

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