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(영문) 의정부지방법원 2017.02.10 2015가단37320
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. On May 27, 2013, Defendant B contracted the construction work price of KRW 620,46,00 for the construction work of constructing a city-type residential housing unit on the land of Guro-gu Seoul Metropolitan Government, E, F, G, and H (hereinafter “Seoul-type residential housing unit construction”) and the construction period of KRW 620,46,00 for the construction period from May 27, 2013 to December 31, 2013. Defendant C contracted the construction work of constructing a city-type residential housing unit on the land of J with the amount of KRW 880,00,00 for the construction work of constructing a rural-type residential housing unit, and the construction period from May 26, 2013 to December 31, 2013.

(hereinafter referred to as the “new construction of this case”) B.

The Plaintiff completed the construction work by receiving subcontracting of KRW 186,90,000 for the structural part of the instant new construction project from Samcheon Integrated Construction, but was not paid KRW 94,90,000 out of the construction cost.

C. The Plaintiff filed a lawsuit claiming construction price as Seoul Northern District Court 2014Kadan50965 against the Samsan General Construction. On February 27, 2015, the said court rendered a ruling of recommending reconciliation with the purport that “Than General Construction will pay the Plaintiff KRW 94.9 million up to April 30, 2015,” and the said ruling of recommending reconciliation became final and conclusive on March 31, 2015.

Based on the above Reconciliation Recommendation, the Plaintiff applied for the attachment and collection order on May 1, 2015 to the District Court 2015TTT 2015TT 6999 with respect to KRW 94,90,000,000,000, among the construction costs that the Samcheon General Construction had against the Defendants, and received on May 1, 2015. The above attachment and collection order were served on Defendant B on May 7, 2015 and May 6, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 7, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned asserted that the plaintiff 94.9 million won for the construction price not paid by the plaintiff at the time of filing an application for the above seizure and collection order shall be divided into 47.45 million won for the defendants.

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