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(영문) 서울중앙지방법원 2020.04.22 2018가단5265228
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff has a claim of KRW 120,00,000 based on the No. 353 of the Money Loan Agreement, No. 353 by a notary public against C (hereinafter referred to as “C”) and its delay damages against DDR (hereinafter referred to as “C”).

On June 29, 2018, the Plaintiff, based on the above claim, received a seizure and collection order (U.S. District Court 2018TTTTTTTTTTTT) from the Defendant and the third debtor as KRW 120,478,000, and received from the third debtor the above claim amount among the construction cost claims that the debtor should receive from the third debtor, “the amount until that time until that claim is made,” and served the order to the Defendant on July 4, 2018 (hereinafter “instant collection order”), ② on August 6, 2018, the debtor C and the third debtor were to receive from the third debtor, the amount of the claim, KRW 120,478,00, and the debtor received from the third debtor to receive from the third debtor the above claim amount of 120,478,000,000, and served the amount of the construction cost to the Defendant as KRW 281,280,000.”

(hereinafter referred to as “the instant FF Corporation collection order”). [Grounds for recognition] / [In the absence of dispute, each entry of Gap’s evidence Nos. 1 through 4 (including serial numbers; hereinafter the same shall apply) and the party’s claim as to the cause of the entire pleadings as to the cause of the claim as to the purport of the entire pleadings, the plaintiff is obligated to pay to the plaintiff the amount of the claim, 120,478,000 won, and delay damages, which are the amount of the construction payment, to be paid by the defendant to Eul in accordance with the instant E Work collection order and the instant FF

The defendant shall pay the construction cost that the defendant shall pay to C as progress payment, and ② to the transferee such as the worker who has taken over the above claim under the assignment contract with C.

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