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(영문) 부산지방법원 서부지원 2018.11.22 2017가합102674
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur operating a communications corporation with the trade name of “D,” and the Defendant is a corporation established for the purpose of information and communications business, etc.

B. On March 5, 2014, the Defendant contracted “F” to E Co., Ltd. (hereinafter “E”), and the construction price under the instant contract was determined as KRW 4,138,757,700 (including value-added tax) on December 31, 2014 at the end that the construction price was changed three times.

(hereinafter referred to as the “instant contract,” and E’s claim for the construction cost under the instant contract against the Defendant (hereinafter referred to as “instant claim for the construction cost”).

The Plaintiff, under a subcontract for the construction of underground mid-to-date meter facilities from E, was unable to receive construction cost of KRW 351,672,973, and filed an application for provisional seizure of the claim for the construction cost of KRW 351,672,973 with the Busan District Court as the obligor and the Defendant as the third obligor under the Busan District Court Decision 2016Kadan1771. On March 14, 2016, the provisional seizure order of the claim was issued by the above court (hereinafter “provisional seizure order of this case”). The provisional seizure order of this case was served on the Defendant on March 17, 2016.

The Plaintiff filed an application with the Busan District Court for payment order of KRW 351,672,973 of the subcontract price of KRW 351,672,973 against E, and on March 14, 2016, the payment order of KRW 351,672,973 was issued by the above court (hereinafter “instant payment order”). The instant payment order was finalized as it is.

E. The Plaintiff filed an application for the seizure and collection order on April 19, 2016 with the title of execution for the original payment order of this case as Busan District Court 2016TT7533, and the provisional seizure on the claim for the construction price of this case with the Defendant as the garnishee as the main debtor, and filed an application for the seizure and collection order.

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