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(영문) 서울중앙지방법원 2015.04.23 2014가합556638
추심금
Text

1. The Defendant’s KRW 154,880,00 for the Plaintiff and KRW 5% per annum from August 19, 2014 to April 23, 2015.

Reasons

Basic Facts

On November 30, 2010, the Defendant issued a payment guarantee letter of subcontract consideration as set forth in the following table upon request of LIG with respect to the payment of the cost of fire-fighting equipment and machinery and equipment construction subcontracted by LIG to a non-party company (hereinafter referred to as “new company”) among the new construction works of Seoul Station, which was performed by Non-party LIG as the ordering person (hereinafter “LIG”).

(hereinafter referred to as “instant guarantee”. (Unit: 517,00,000 (hereinafter referred to as 626,040,000) of fire-fighting facilities during the warranty period of the contract amount for the original type of work (hereinafter referred to as 626,040,00) 104,768,430. October 1, 2010 to October 31, 2012, 2000 of machinery and equipment 1,116,424,000 (hereinafter referred to as 1,165,864,000 after modification) 209,052,170, however, on March 21, 2011, LIG filed an application for the commencement of rehabilitation with the Seoul Central District Court 201, 34 cases on April 1, 2011.

Therefore, as LIG has failed to perform the obligation to pay the subcontract price, the new beneficiary company, which is the guarantee creditor, requested the defendant to pay the deposit amount of KRW 193,600,000 on May 24, 2012.

The Plaintiff had a claim of KRW 556,164,114 based on the original copy of the payment order in the Seoul Western District Court Decision 2013 tea579 decided August 5, 2013, and the said decision was served on the Defendant on August 8, 2013 and on September 13, 2013, with regard to the claim for payment deposit against the Defendant by a new passenger company as the claim for the above claim, the Seoul Western District Court Decision 2013Kadan3023, which the new passenger company had against the Defendant.

On November 1, 2013, the Plaintiff received a collection order (hereinafter “instant seizure and collection order”) from Seoul Western District Court 2013TTTT15610 to KRW 605,383,475 (the amount of claims transferred from provisional seizure to the original seizure, KRW 556,164,114, the additional amount of claims to be seized and collected, KRW 49,219,361) to transfer the provisional seizure to the original seizure, and the Plaintiff received the seizure and collection order (hereinafter “instant seizure and collection order”), and the order on November 6, 2013.

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