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(영문) 창원지방법원통영지원 2017.07.05 2017가단1546
추심금
Text

1. The defendant is about the new construction work of the Neocheon City neighborhood living facilities from the development of the DNA industry.

Reasons

1. The Plaintiff, based on the facts, received a collection order, seizure and collection order as to the claim for construction price payment against the Defendant in the development of DNA industry with the claim amounting to the amount of goods payment claim (356,829,172 won) against the construction of DNA industry Co., Ltd. (hereinafter “DD industry construction”).

(Resan District Court 2014TTTT1900, hereinafter “instant claim seizure and collection order”). The original copy of the above claim seizure and collection order was served on the Defendant on January 28, 2014.

D. On March 10, 2014, on the part of Taedo Construction Co., Ltd. (hereinafter referred to as "T Taedo Construction"), transferred KRW 26,647,570, out of the construction cost claims against the Defendant, and notified the Defendant of the fact of transfer on March 11, 2014.

D. Dici industrial construction filed a lawsuit against the Defendant for the claim for the return of the construction price, and the Defendant received a letter of warranty for Dici industrial construction from Dici industrial construction to Dici industrial construction (hereinafter “certificate of warranty for Dici industrial construction”) and at the same time paid 90,000,000 won for the unpaid construction price, less the amount of 58,939,000 won for defect repair and the amount of 26,647,570 won for Dici industrial construction transferred for Dici industrial construction, and the remainder of 4,412,530 won for Dici industrial construction.

(In Busan District Court Decision 2015Da45433, the above Decision became final and conclusive on December 14, 2016). [The grounds for recognition] The fact that there is no dispute, Gap's entries in subparagraphs 1 and 2, Eul's Evidence No. 1 (including the serial number), and the purport of the whole pleadings.

2. The order between the person who has executed the seizure and collection order, and the transferee of the claim with respect to the same claim, shall be determined by the order after the arrival of the garnishee of the original copy of the decision on the collection order, and of the notification of transfer of claim with the fixed date,

(See Supreme Court en banc Decision 93Da24223 delivered on April 26, 1994). As seen earlier, the seizure and collection order of the instant claim reaches the Defendant prior to the notification of the assignment of the claim of Taek Construction.

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