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(영문) 울산지방법원 2017.11.21 2016가단52608
청구이의
Text

1. The Defendants’ originals of the payment order with executory power against the Plaintiff are based on the Ulsan District Court 2015j3446.

Reasons

1. Basic facts

A. On February 27, 2013, the Plaintiff entered into a subcontract with the Jinsung Development Co., Ltd. (hereinafter “Dinsung Development”) on the civil engineering works among the new construction works of G factories at Sejong-si (hereinafter “instant construction works”). The Jinsung Development, accordingly, leased construction machinery owned by the Defendants and carried out the instant construction works.

B. On February 10, 2015, the Defendants filed a lawsuit claiming the payment of equipment rent amounting to KRW 116,780,000,000 against the Jinsung Development, Daegu District Court racing support 2015Gahap144, and rendered a favorable judgment. Based on the above judgment, the Defendants filed an application for the seizure and collection order of the claim for the construction cost claim against the Plaintiff, which Jinsung Development had against the Plaintiff, and the seizure and collection decision was served on August 13, 2015 on the Plaintiff.

C. The Defendants filed a claim against the Plaintiff for the payment of the above collection amount, but rejected it on the grounds that the Plaintiff did not have any claim for the payment of the construction amount payable for the development of authenticity, the Defendants filed an application against the Plaintiff for the payment order of the collection amount with the Ulsan District Court 2015 tea3446, and the said payment order (hereinafter “instant payment order”) was finalized on October 27, 2015 because the Plaintiff did not raise any objection against the said payment order.

[Reasons for Recognition] Facts without dispute, significant facts in this court, entry of Gap 1-5 evidence, purport of the whole pleadings

2. The parties' assertion

A. On September 16, 2013, Plaintiff 1 and Jinsung Development agreed that the construction cost shall be KRW 80,000,000 for the construction work in relation to the instant construction project until the time and the construction cost shall be KRW 8,60,000. Among them, KRW 380,70,000 has already been paid for the Jinsung Development. Meanwhile, when the Jinsung Development demanded a direct payment, a total of KRW 400,000,000 for creditors H and I of Jinsung Development requesting a direct payment, the balance of the construction cost shall be KRW 79,30,000,00, which shall be paid after the sale of the factory site.

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