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(영문) 서울서부지방법원 2016.04.21 2015가단13730
추심금
Text

1. The plaintiff's primary and conjunctive claims are dismissed, respectively.

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

Reasons

1. The assertion and judgment as to the main claim

A. The assertion that the plaintiff attached the claim for the construction cost against the defendant of the sub-central industrial construction in order to preserve the claim for the construction cost of the sub-central industrial construction company (hereinafter "sub-central industrial construction"), and received a favorable judgment by filing a lawsuit against the construction of sub-central industrial construction in the claim amounting to KRW 162,00,000, and based on the above judgment, the defendant was the third debtor and the decision was served on the defendant upon receiving a seizure and collection order for the claim for the construction cost of the sub-central industrial construction in the non-central industrial construction company (hereinafter "subcentral industrial construction"). Thus, the defendant is obliged to pay the above collection amount to the plaintiff KRW 162,00,00

B. (1) According to the purport of Gap's evidence Nos. 1, 3 through 6, Eul's evidence Nos. 3 and Eul's evidence No. 3, construction of sub-state industry was awarded a contract from the defendant for remodeling construction of 1,009,029,90 won to an executive cafeteria of the Air Force Headquarters under the defendant's command (hereinafter "the construction of this case"). The plaintiff was awarded a subcontract of 178,200,00 won among the construction of sub-state industry in this case, for the purpose of preserving the claim for the subcontracted construction costs against sub-state industry construction, the plaintiff received a seizure order of 145,80,000 won from the defendant (Seoul High Court Order No. 201, Mar. 31, 2014; 2014, 2014.). The plaintiff received a seizure order of 300,000 won from the defendant (Seoul High Court Order No. 201, Apr. 1, 20194).

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