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(영문) 대구지방법원서부지원 2020.07.23 2018가단13312
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 March 31, 2017, the Defendant entered into a contract with C Co., Ltd. (hereinafter “C”), setting the construction cost of KRW 522,00,000,000 with respect to E-dong among the construction works for the new construction of multi-household housing located in Chungcheongnam-gun D (hereinafter “new construction works in this case”) and from April 24, 2017 to October 31, 2017. On April 25, 2017, the Defendant entered into a contract for the construction cost of KRW 1,506,00,000 with respect to Fdong and Gdong among the new construction works, as well as the construction cost of KRW 1,506,00,000 with respect to Fdong and Gdong from April 27, 2017 to November 30, 2017.

B.1) Around April 2017, H entered into a subcontract with C as to the creative construction of the instant new construction project, with the construction cost of KRW 150,00,000,00, and the construction period from May 1, 2017 to December 31, 2017, and agreed as follows with respect to the payment method of the construction cost. FG EIJ C2 Co., Ltd. completed the construction work on December 26, 2017, and completed the registration of ownership transfer to L on February 1, 2019.

C. From October 2017, M supplied the instant new construction site to C a total amount of KRW 82,00,000,000, such as c., at the site of the instant new construction project. On November 20, 2017, M received a claim for ownership transfer registration under E Dong N as payment for the price of the goods from C, and completed the ownership transfer registration under his/her name on August 1, 2018.

From August 2017 to August 2018, the Defendant paid a total of KRW 2,221,083,077 to C or the subcontractor of the instant company from August 2017 to August 2018. Of them, five households, including G Dong subparagraph J, paid as a substitute, including KRW 35,076,200, and one household of E Dong subparagraph N, were settled as KRW 83,00,000.

E. 1) The Plaintiff, with regard to C’s claim for construction price claim of KRW 95,50,000 against C, filed an application for provisional attachment against C’s Defendant as the Seo-gu District Court Branch Branch of Seo-gu District Court 2018Kadan1263, and received a provisional attachment order on July 3, 2018. Moreover, the provisional attachment order was served on the Defendant on July 4, 2018.

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