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(영문) 서울중앙지방법원 2015.07.23 2014가합585988
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 3, 2010, the Defendant and the Spanish subcontract subcontracted the portion of one section cooperation and sanitary facility works in the area of the Army Comprehensive Administrative School in the Army to Spain Co., Ltd. (hereinafter “Spain”), and the said Army Comprehensive Administrative School in the Army was completed on September 30, 201.

The amount of claim for the remainder of the subcontracted construction work (hereinafter “the remainder of the construction work in this case”) paid by the Defendant is KRW 165,676,100 (including value-added tax).

A) On February 20, 2012, A was subject to a decision of provisional seizure as to the claim amounting to KRW 15,400,000 against Spanishy as the claim amounting to KRW 15,40,000 against Spanishy, and the aforementioned decision of provisional seizure was served on the Defendant on February 27, 2012. B (2) on August 10, 2012, the claim amounting to KRW 22,530,042 against Spanishy as the claim amount of KRW 22,530,042 against Spanishy as the claim amount of the claim amount of the remainder of the construction project in this case against the Defendant of Spanishy, and the above order of provisional seizure and collection was served on the Defendant on March 1, 2013.

The Plaintiff’s acquisition of the claim and its subsequent attachment and assignment order 1) The Plaintiff is Seongdong-gu Co., Ltd. on September 7, 2012 (hereinafter “Seoul-gu Co., Ltd.”).

(2) From November 5, 2012, the Plaintiff was granted a succeeding execution clause on the above succession execution clause, based on the above succession execution clause, and the seizure and assignment order of this case’s remainder deposited as the warranty bond was made on the “the balance deposited as the warranty bond.” However, the Plaintiff’s seizure and assignment order of this case’s remainder deposited as the warranty bond was made on the “the balance deposited as the warranty bond.”

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