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(영문) 대구지방법원김천지원 2019.02.12 2018가단4617
추심금
Text

1. All of the claims of the plaintiff and the plaintiff co-litigation intervenor are dismissed.

2. The plaintiff and the defendant among the costs of lawsuit.

Reasons

1. Basic facts

A. On November 30, 2017, E Co., Ltd. (hereinafter “E”) entered into a subcontract with the joint supply and demand organization comprised of the Defendant, F, and G Co., Ltd. (hereinafter “E”) on the terms of the contract amount for the E-LINE Corporation (hereinafter “instant construction”) among H Corporation (hereinafter “instant construction”) at KRW 3,047,00,000.

B. On February 27, 2018, the Plaintiff was issued a ruling of provisional seizure of claims (Tgu District Court Kimcheon-gu 2018Kadan119), which provisionally seizes the amount of money up to KRW 25,00,00,00 among the claim for construction cost against the Defendant of E, and KRW 25,918,934 among the claim for construction cost against E IS corporation, and the said ruling of provisional seizure was served on the Defendant on March 5, 2018.

Since then, the plaintiff transferred the above provisional seizure to the original seizure with the claim amount of KRW 59,491,271 based on the original copy of the payment order in the goods payment order case of the Daegu District Court Kimcheon-gu 2018th 160, the plaintiff received the above provisional seizure order of KRW 272,337, and the seizure and collection order of the claim to seize KRW 300,000, out of the construction price claim against the defendant of the defendant of Eul ( Daegu District Court Kimcheon-gu Branch 2018 another 1263, April 9, 2018). The above claim seizure and collection order was served on the defendant on April 9, 2018.

C. Based on the original copy of the payment order in the case of the rent for goods No. 2018j. 42, the Plaintiff’s co-litigants received a claim attachment and collection order (Tgu District Court 2018TTTT 4987) regarding the amount from among the claim for construction payment of this case to KRW 12,562,772, based on the original copy of the payment order in the case of the goods rent for the goods, and the said claim attachment and collection order were served on the Defendant on April 12, 2018

[Ground of recognition] The facts without dispute, Gap's statements in subparagraphs 1 through 3 (including paper numbers), Gap's or 1, and the purport of the whole pleadings

2. Determination

A. As the collection obligee of each of the above claims by the parties, the plaintiff claims KRW 59,491,271 as the collection obligee, and KRW 12,562,772 as the collection obligee, respectively, against the defendant.

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