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(영문) 서울서부지방법원 2020.10.23 2019나35999
추심금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “C”) entered into a contract with the Defendant on August 1, 2016: (a) “The construction period based on the E facility guide” from August 1, 2016 to June 30, 2017; (b) the total construction amount is KRW 745,690,000 (including value-added tax; hereinafter the same shall apply); and (c) the production and construction of guide materials for the E facility guide “the construction period” from November 1, 2016 to June 30, 2017; and (d) the construction period is 1,253,819,600 won (hereinafter referred to as “the construction cost as the “each of the above contracts”) and completed each of the contracts within each of the following periods:

B. On July 24, 2017, the Plaintiff received a provisional attachment order issued by Incheon District Court Decision 2017Kadan3756 on July 24, 2017 (hereinafter “provisional attachment order”) with respect to the claim for the construction payment of this case that C is paid by the Defendant as the claim price for goods. The original copy of the decision was served on the Defendant on July 26, 2017.

C. Since then, the Plaintiff filed a lawsuit claiming the purchase price of goods with the same court No. 2017 Ghana10508, Feb. 6, 2018, and the judgment was finalized on February 24, 2018 upon winning the judgment. The Plaintiff, based on the said executive title, issued a seizure and collection order on May 9, 2018, to transfer the provisional seizure to the provisional seizure to the same court No. 2018TT145 (hereinafter “instant collection order”), and the original copy of the decision was served on the Defendant on May 11, 2018.

[Grounds for recognition] There is no dispute, and the whole purport of Gap's evidence Nos. 1 through 4, 11, and 13 and the purport of the whole pleadings. 2. According to the above facts of recognition, barring any special circumstance, the defendant shall pay to the plaintiff 2,40,000 won for collection from the provisional seizure of the collection order of this case to the part of the original seizure.

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