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(영문) 대전지방법원 2018.05.10 2017가단18368
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 14, 2016, the Plaintiff received a contract for repair and other construction works of A elementary school classrooms from the Daejeon District Office of Education of Daejeon Metropolitan City, the Daejeon District Office of Education as of the construction contract amounting to KRW 1,213,784,00, and the date of commencement on July 15, 2016; the date of completion on September 20, 2016.

(hereinafter referred to as the “instant construction”). B.

On July 15, 2016, the Defendant applied for provisional seizure against the Plaintiff’s claim for the price of goods KRW 39,600,000 against the Plaintiff as the preserved right, and received a provisional seizure order against the Plaintiff’s claim for the price of the instant construction work against Daejeon Metropolitan City as the Daejeon District Court 2016Kadan2746 on July 15, 2016. On July 18, 2016, the said order was served to Daejeon Metropolitan City as the garnishee.

(hereinafter referred to as the provisional seizure of this case).

On the other hand, around July 2016, the Plaintiff agreed to receive the total amount of the construction cost paid after the completion of the instant construction from B and agreed to receive from B. On July 6, 2016, the Plaintiff approved that the Plaintiff was liable to pay the construction cost of KRW 1,350,000,000 to B as the C Office of Notary Public Office 2016, which belongs to the Daejeon District Public Prosecutor’s Office, as the document 3366, which belongs to the Daejeon District Public Prosecutor’s Office, to secure the said agreement, and drafted a deed of debt repayment agreement (quasi-loan) with the content that the Plaintiff would pay the construction cost on July 12, 2016.

After that, B applied for the attachment and assignment order of the claim for construction price of KRW 1,350,00,000 against the Plaintiff based on the executory exemplification of the above notarial deed as the right to preserve the claim against the Plaintiff, which was issued by Daejeon District Court 2016TTT8529 on July 18, 2016. On July 21, 2016, B served the order on the Daejeon Metropolitan City, which is the garnishee.

(hereinafter referred to as the assignment order of this case). E

The Plaintiff failed to pay value-added tax on the instant construction cost, the Plaintiff’s business registration was revoked ex officio on December 31, 2016, and the Plaintiff’s construction business registration was revoked on May 29, 2017.

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