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(영문) 대구지방법원 2017.12.06 2017나308703
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On January 22, 2016, the Ilsung Construction Co., Ltd. (hereinafter “Dasung Construction”) concluded a contract with the Defendant for the construction work of “civil engineering works for repairing facilities in the Houl Zone” (hereinafter “instant construction works”) by setting the construction cost of KRW 284,496,00, and the construction period from January 25, 2016 to December 31, 2016.

B. On July 11, 2016, the Daegu District Court Decision 2016Kadan2889, the Plaintiff was issued a provisional attachment order (hereinafter “instant provisional attachment order”) on the claim for the construction payment against the Defendant of Ilsung Construction (hereinafter “the claim for the construction payment of this case”) with the obligor’s Il Construction and the third obligor’s claim amounting to KRW 144,650,000, and the said decision was served on the Defendant on July 13, 2016.

C. On October 21, 2016, the Plaintiff filed a lawsuit against Ilsung Construction and rendered a judgment that “Dasung Construction will pay to the Plaintiff 589,30,000 won with the interest of 6% per annum from May 1, 2015 to August 12, 2016, and the interest of 15% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive on November 11, 2016. D.

On November 28, 2016, based on the foregoing final judgment, the Plaintiff transferred KRW 144,650,00 among the claims provisionally seized by the Daegu District Court 2016TTTTTT17537 to the original seizure. The Plaintiff received a seizure and collection order for additional seizure of KRW 17,250,98 (hereinafter “instant collection order”), and the above collection order was served on the Defendant on December 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3 (including each number), Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, the defendant delivered to the plaintiff, a collection obligee, KRW 120,000 and the complaint of this case to the defendant within the scope of the collection order of this case among the claim of this case.

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