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(영문) 수원지방법원 2019.08.29 2018가단546241
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2016, the Defendant issued a contract by setting the construction cost of KRW 1.544 billion (including value-added tax) and the construction period from July 14, 2016 to October 30, 2016 with respect to the construction work of the D ground factory (hereinafter “instant construction work”) in Suwon-si, Suwon-si, Suwon-si, Suwon-si (hereinafter “C”).

B. C commenced construction on July 10, 2016, and approval for the use of the foregoing new factory was granted on February 24, 2017 with an extended construction period.

C. From July 29, 2016 to February 27, 2017, the Defendant paid C the construction price of KRW 1,241,204,00 in total on nine occasions.

On June 13, 2017, the Plaintiff received a provisional attachment order of KRW 100 million from among the instant claim for construction payment against the Defendant by Suwon District Court 2017Kadan202128, and the said decision was served on the Defendant on June 15, 2017.

On July 4, 2018, the Plaintiff was issued a provisional seizure and collection order with respect to KRW 100,00,000,000,000,000,000,000,000,000 won, which was issued by Suwon District Court 2018TT, pursuant to the original copy of the judgment (U.S. District Court 2017Gahap18852) against the Defendant, and the Plaintiff received the seizure and collection order with the purport that the said seized claim may be collected by the Plaintiff. The above decision

E. On December 13, 2017, E received a seizure and collection order for KRW 21,242,185 among the instant goods price claims that C owns against the Defendant based on an original copy of the judgment rendered against Suwon District Court 2017TT 6476 (Seoul District Court Sejong District Court Sejong District Court Decision 2017Gau10577), and the said decision was served on the Defendant around that time.

F. The Defendant paid KRW 12,796,000 as the unpaid construction price on January 16, 2018 to F Co., Ltd. that collects claims upon delegation from E.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 5 through 8, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant shall, unless there are special circumstances.

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