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(영문) 전주지방법원 2019.08.29 2018나10695
추심금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties (hereinafter referred to as “Plaintiffs, etc.”) collectively refer to the Plaintiff and the designated parties (hereinafter referred to as “Plaintiffs, etc.”) have a labor expense claim against C with respect to the construction work of the Escopic Es (hereinafter referred to as “Escopic construction work”) located in D in the Gui-si Co., Ltd. (hereinafter “C”).

B. On August 21, 2017, the Defendant entered into a contract with C on the content that the subcontracted period is KRW 38 billion for the construction of reinforced concrete among the construction of the Hridge located in Jung-si (hereinafter “Hridge”) at the Government-si, with C.

C. On November 22, 2017, I confirmed that “the labor cost on September 2017, 2017, including the Plaintiff, etc., with respect to Ediplomatic Works, was KRW 74,795,940, and the labor cost from October 2017 to November 201, 2017, 41,30,000, and 16,105,710, in total, of the above labor cost was 16,710,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

On December 15, 2017, the Defendant paid to the Plaintiff KRW 44 million out of the total labor cost of KRW 116,105,710.

E. On December 28, 2017, the Plaintiff et al. (hereinafter “instant provisional attachment order”) issued a provisional attachment order against the Defendant for the claim for the construction cost against the Defendant of the HHD Corporation (hereinafter “instant provisional attachment order”) with the debtor C and the third obligor amounting to KRW 72,060,710 as the Jeonju District Court Branch Branch Branch 2017Kadan2263, Dec. 28, 2017. The instant provisional attachment order was served on the Defendant on January 2, 2018.

F. On January 24, 2018, the Plaintiff et al. transferred KRW 72,060,688 from the provisional seizure to the provisional seizure for KRW 72,060,68, out of the bonds provisionally seized by the Jeonju District Court's Branch Branch Branch under the executory payment order (Seoul District Court's District Court's Branch Branch Branch 2017j.994) and the above payment order.

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