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(영문) 서울동부지방법원 2017.12.08 2017가단1043
추심금
Text

1. The Defendant: 11,00,000 won to the Plaintiff (Appointed Party); 16,235,000 won to the appointed Party C; and 6,23,000 won to the appointed Party D.

Reasons

1. Basic facts

A. On October 2013, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Selection Party C, D, and E (hereinafter collectively referred to as “Plaintiff, etc.”) concluded a contract with Nonparty F Co., Ltd. (hereinafter “Nonindicted Company G”) for the installation work of a postnatal care center located in the 2, 3, and 4th floor of the Gangnam-gu Seoul Metropolitan H building (hereinafter “instant postnatal care center”) (hereinafter “instant construction work”), and completed each construction work around March 2014.

B. As the Plaintiff et al. failed to receive the construction cost from the non-party company, the Plaintiff et al. filed a lawsuit against the non-party company as Seoul Eastern District Court 2015dan37048.

On November 13, 2015, the above court sentenced the Plaintiff to KRW 11,235,00,000, KRW 16,235,000 to the Selection C, KRW 6,233,000 to the Selection and KRW 8,500,00 to the Selection E, and damages for delay on each of the above money (hereinafter “instant related judgment”). The non-party company appealed against the judgment, but on September 26, 2015, the appeal was finalized on October 21, 2016.

C. The Defendant is a company established on July 31, 2014 by making the postnatal care center of this case as the location of its principal office, and has commenced its business around that time, and is operating the postnatal care center of this case until now.

Plaintiff

On June 9, 2015, before filing a lawsuit for the said construction cost, the non-party company entered into a business transfer agreement with the Defendant on the postnatal care center of this case. On the premise that the non-party company was the debtor, the defendant was the third debtor, and the non-party company filed an application for provisional attachment against the defendant as Seoul Eastern District Court 2014Kadan2382, and received the decision on June 29, 2015.

E. After the instant judgment became final and conclusive, the Plaintiff et al. on December 17, 2015.

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