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Reasons
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(영문) 인천지방법원 2016.06.17 2015나54936
추심금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff’s provisional seizure against the Plaintiff’s claim against C (hereinafter “C”) is a creditor who holds a claim for the amount of KRW 100,000,000 against C (hereinafter “C”), and on May 10, 2012, the Plaintiff was issued a provisional seizure order against the claim amounting to KRW 100,000,000 among the claim for construction cost against C (hereinafter “the instant claim for construction cost”) with the Defendant as the obligor, the Defendant as the third obligor, and the claim amounting to KRW 100,00,000 among the claim for construction cost against the Defendant (hereinafter “the instant claim for construction cost”). The said order was served on the Defendant on May 15, 2012.

B. After issuing a collection order and seizure of the Plaintiff’s claim against the Plaintiff, the Plaintiff was issued a seizure and collection order to transfer the above provisional seizure of KRW 100,000,000 out of the construction price claim of this case to the Defendant on August 28, 2013, based on the judgment of Suwon District Court Decision 2012Da74737, which was rendered on June 4, 2013.

C. On December 31, 2010, the Defendant entered into a contract for construction works with C and the Defendant, setting the construction cost of KRW 3.4665 billion (including value-added tax) with respect to the newly constructed E Hospital located in Nam-gu Incheon Metropolitan City, as of January 3, 2011; and on May 31, 2011, the scheduled completion date of construction works as of March 16, 201; 2) The Defendant paid the instant construction cost of KRW 1.30 million as the construction cost of the instant case; 3.6 billion as of March 18, 201; 2.18 billion as of March 18, 201; 3.6 billion as of March 99, 201; 3.6 billion won as of May 8, 2011; 4.1 billion as of May 18, 2011; 4.1 billion won as of May 16, 2011; 4.1 billion won

3) However, C transferred part of the above amount to the account under G name at the Defendant’s request, and lent a total of KRW 840 million to the Defendant. 4)

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