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(영문) 인천지방법원 2015.03.18 2014나14474
추심금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On November 10, 2012, the Defendant, a limited partnership, a joint construction company, a joint construction company, and a same-sex construction company contracted construction works for the in-house shooting range from Incheon Metropolitan City. On November 10, 2012, the said company subcontracted the construction works for the in-house construction of the instant construction to 512,114,614 won during the construction work. On January 4, 2013, the said company subcontracted the construction works for the in-house construction of the civil engineering structure to 1,061,073,805 won during the instant construction works (hereinafter “in-house construction”).

(hereinafter referred to as "each of the above subcontracts". B.

On January 15, 2014, the Defendant terminated each of the instant subcontract on the grounds of delay in air.

C. Around May 29, 2014, the Defendant and a limited partnership company agreed to pay each of the KRW 5,000,000 for fixed construction and daily basic construction for the Defendant and a limited partnership company, KRW 295,00,000 for fixed construction due to fixed construction costs, and KRW 5,00,000 for daily basic construction for the Defendant and a limited partnership company.

On March 12, 2014, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) against KRW 41,796,032, out of the construction price claims against the Defendant of fixed construction based on the authentic copy of the promissory note No. 19, 2014, which was issued by the Incheon District Court 2014TTT No. 2011, March 12, 2014. The instant collection order was served on the Defendant on March 17, 2014.

On January 8, 2014, the date of the decision on the claim amount of the contents of the case concerning the creditor's case, Seoong-gu Incheon District Court 2014TFT 309 and the collection order 11,876,060 on January 2, 2014, Incheon District Court 2014 11,837 claims and collection order 98,085,200, 200 on January 3, 2014, 2014, Sung-nam District Court 2014Kadan90 on the provisional seizure of claims 11,847,600, 600 on January 28, 2014, Incheon District Court 2014 CJ 2014Kadan906 claims 510,0000,000, 3034, 3034, 204, 2014

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