(영문) 창원지방법원진주지원 2020.01.15 2019가합10791

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(영문) 창원지방법원진주지원 2020.01.15 2019가합10791

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 10, 2015, the Defendant subcontracted construction work of machinery and equipment (hereinafter “instant construction work”) among “D-based Private Teaching Institutes Construction Work” (hereinafter “D”) supplied by D Co., Ltd. (hereinafter “C”) to KRW 1,127,610,000, and entered into a contract on September 30, 2015, changing the construction cost to KRW 1,650,000.

B. On October 22, 2015, C re-subcontracted to the Plaintiff in KRW 257,400,000 the installation of the system boiler during the instant construction.

C. On December 20, 2018, the Plaintiff: (a) transferred KRW 200,000,00 among the instant construction price claims against the Defendant of the instant corporation to a provisional seizure by the order of provisional seizure against claims between the Plaintiff and C; (b) seized KRW 48,095,236; and (c) received the instant collection order (hereinafter “instant collection order”); and (d) received the instant collection order on December 24, 2018, with the purport that the Plaintiff and C transferred KRW 20,000,000 to a new seizure by the order of provisional seizure against claims between the Plaintiff and C.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion based on the collection order of this case collected KRW 248,095,236, out of the total amount of the construction price claims against the defendant of this case against the defendant of this case based on the collection order of this case, but the defendant did not comply with this order. Since the defendant written a written statement of direct payment of subcontract consideration with the purport that C shall directly pay the plaintiff who is the subcontractor of this case, the defendant is obligated to pay the plaintiff 60,000 won and damages for delay.

3. Determination as to the claim for collection amount

A. According to the facts and evidence seen earlier prior to the determination of the cause of the claim, the Defendant, barring any special circumstance, shall pay to the Plaintiff KRW 60 million out of the price of the instant construction project, as the Plaintiff seeks.

유사 판례

-창원지방법원진주지원 2020.01.15 2019가합10791

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-부산지방법원 2020.06.24 2018가합41804

-수원지방법원안양지원 2019.04.25 2018가단103851

-수원지방법원 성남지원 2011.12.16 2009고단1623