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(영문) 서울남부지방법원 2017.05.18 2016나6762
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following payment order shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. On May 9, 2012, the Defendant entered into a construction contract with EP EP Construction Co., Ltd. (hereinafter “SP”), with land construction works of two sections (hereinafter “second sections soil construction works”) among the construction works for the creation of an urban development project in Sung-nam New Town, and entered into a construction contract with land construction works of one section (hereinafter “one section construction works”) among the aforementioned construction works on August 27, 2012.

B. On May 10, 2013, the Plaintiff was issued a provisional attachment order on the claim (hereinafter “instant provisional attachment”) with the indication of the claim to be provisionally attached by the Suwon District Court Decision 2013Kadan482, U.S. court (hereinafter “U.S.”) against the garnishee (Defendant) on the claim for the above claim amount among the claim for civil construction works at the construction site at the Namyang New Town Construction Site in Sungsung-si Construction Site (hereinafter “instant provisional attachment”). The said provisional attachment order was served on the Defendant, who is the garnishee, on May 13, 2013.

C. The Non-Party Company had, due to the corporate circumstances, up to May 31, 2013, up to June 30, 2013, up to 2013, the 1,323,241,50 won (i.e., 839,405,00 won for 2 Section 383,836,50 won).

On October 25, 2013, the Plaintiff filed an order with the Suwon District Court 2013 tea4153, the Suwon District Court 2013, the Defendant issued a payment order with the purport that “the Nonparty Company shall pay to the Plaintiff KRW 18,746,273 and delay damages therefrom,” and the said payment order became final and conclusive around that time.

E. On October 22, 2013, based on the above final payment order, the Plaintiff indicated the claim to be seized and collected by Suwon District Court 2013TTT 22491 on October 22, 2013, which read “the amount equivalent to the above claim amount (19,249,813 won, the claim amount of the provisional seizure of this case 18,746,273 won, and 503,540 won, based on the payment order finalized at KRW 18,746,273)” among the claim for civil works at the site of the development project in Seongbuk-si, the obligor has against the third obligor.

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