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(영문) 인천지방법원 2020.01.21 2019가합51580
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. and the Defendants (hereinafter “D”) are limited to D Co., Ltd. (hereinafter “D”).

(2) On October 23, 2017, the Defendants agreed to each of the construction contracts under which the Defendants agreed to each of the construction contracts between E and the Defendant for the construction works for the construction works for multi-household housing (F complex) on the ground of E and two parcels (F complex) from E and E, E, and Defendant B for KRW 672,00,000,00 for the construction work for the new construction of multi-household housing (H complex) on the ground of land outside Dong-si from E and E, and Defendant B for KRW 672,00,000 for the construction work for the construction work (hereinafter “instant F complex construction contract”), and the construction contract between D and the Defendant for the construction works between D and the Defendant are “the instant H complex construction contract”. In addition, the “each

(2) The Defendants agreed to pay the subcontract price to the subcontractor and Defendant B paid the subcontract price to the subcontractor from around December 2017, and Defendant B directly performed the construction work under each of the instant construction contracts, as D could not smoothly perform the construction work due to aggravation of the financial situation.

B. The Plaintiff’s collection order and D and the Defendants’ construction division agreement 1) based on the executory exemplification of the authentic deed of monetary loan contract No. 00009, Jan. 3, 2018, the Plaintiff filed an application with the Incheon District Court for a seizure and collection order concerning the claim for construction cost under the instant F Complex construction contract with D against the Defendant, with the amount claimed as KRW 303,03,031,000 with the Incheon District Court as the amount claimed as KRW 2018,3652, and the Defendants received the seizure and collection order on February 27, 2018, with the relevant claim attachment and collection order made by Defendant C on March 2, 2018, and the Defendants received it on March 5, 2018.

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