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(영문) 서울중앙지방법원 2018.09.18 2017가단5206710
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 10, 2017, the NFC Co., Ltd. (hereinafter referred to as “non-party company”) entered into a subcontract with the Defendant for construction of reinforced concrete construction works, among the construction works of ASEAN located in the Republic of Korea, by setting the construction cost as KRW 15,215,165,40, until May 31, 2018, and performing the construction works.

4. 28. The construction was suspended.

On May 10, 2017, the Defendant settled the construction cost to KRW 2,116,463,360 while cancelling the subcontract, and dealt with as follows.

① Payment of subcontract consideration (B) is made at the construction site of 2,16,463,360 (hereinafter “non-party company”) and the Plaintiff received the non-party company’s payment of construction charges at the rate of 186,361,60 on March 24, 2017 to 199,510,651 on April 24, 2017, the payment of wages, etc. to the transferee of bonds was made at the rate of 2,116,463,360 (hereinafter “non-party company”). The Plaintiff received the non-party company’s payment of construction charges at the rate of 15,70,000, 206, 36, 16, 208, 16, 306, 16, 206, 206, 306, 206, 306, 16, 306, 207, 206, 165, 17.

On May 2, 2017, the Plaintiff received a provisional attachment order on the claim by specifying that, on order to preserve the enforcement of the above claim, a 30,000,000 won of the construction price to be paid by the Defendant, a company other than the Defendant was awarded a new construction order for Black 7 Financial Renewal Promotion Zone Housing Development Project, and will be awarded and received by the Defendant. The above decision was rendered.

5. 10. Service was made to the Defendant, the garnishee.

After October 10, 107, the Plaintiff’s amount of credit on 10.10

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