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(영문) 수원지방법원 2018.10.18 2016가단525448
추심금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. Around January 8, 2016, the Plaintiff entered into a contract with T&D Korea Co., Ltd. (hereinafter “T&D Korea”) for construction works, and subsequently did not receive a total of KRW 225,205,200,000, and filed a lawsuit against T&D Korea on the ground that it was not paid a total of KRW 225,205,200,000. On January 8, 2016, the Plaintiff was partly favorable to the Plaintiff that “T&D Korea shall pay to the Plaintiff KRW 225,205,200 per annum from June 17, 2014 to September 30, 2015, and KRW 15 per annum from the next day to the date of full payment.”

B. Meanwhile, prior to the filing of the aforementioned lawsuit against T&D Korea, the Plaintiff was issued a provisional attachment order of KRW 112,00,000 out of the HOK-UP factory pipeline construction and all other construction works that T&D Korea received from the Defendant, as the Daejeon District Court’s 225,205,200 won (hereinafter “instant provisional attachment order”). On April 30, 2014, the provisional attachment order of this case was served on the Defendant on April 30, 2014.

C. On January 15, 2016, based on the original copy of the judgment in the case No. 2014Gahap2009, the Plaintiff was issued a ruling on the seizure and collection order (hereinafter “instant collection order”) to transfer the provisional seizure to the provisional seizure against KRW 112,00,000, out of the instant construction cost claim, which was provisionally attached as above by the Daejeon District Court Branch Branch of the Daejeon District Court under the said Ordinance No. 2016, Jan. 15, 2016. The original copy of the instant collection order was served on the Defendant on January 18, 2016.

On the other hand, T&D Korea was declared bankrupt on May 31, 2016 by Seoul Rehabilitation Court 2016Hahap42, and the Plaintiff thereafter on June 24, 2016.

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