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(영문) 수원지방법원성남지원 2014.07.08 2013가합203044
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 4 (including a serial number; hereinafter the same shall apply), Eul evidence 1 and 11 and the purport of the whole pleadings:

On August 30, 2010, Dongbnb Co., Ltd. (hereinafter “Dongbnb”) entered into a contract with the Defendant for construction works regarding machinery and equipment works (hereinafter “instant construction works”) among the new construction works of Incheon A apartment (hereinafter “instant apartment”), and the construction period was set as KRW 801,368,000, respectively.

B. On November 25, 201, Dongbnb completed the construction work in accordance with the instant construction contract.

C. On June 13, 2012, Plaintiff Papex Co., Ltd. (hereinafter “Plaintiff Papex”) received a seizure and collection order on the instant claim for construction price, with the debtor as Seoul Eastern District Court 2012 Papex91, the third debtor as the defendant, the third debtor as the defendant, and the claim amount as KRW 125,43,953, based on the original copy of the decision of recommending reconciliation with executory power on June 13, 2012. The above collection order was served on the defendant on July 2, 2012.

Plaintiff

ABD Co., Ltd. (hereinafter “Plaintiff AB”) received a seizure and collection order concerning the instant claim for construction price, based on the original copy of the judgment on the purchase price of goods with executory force on July 24, 2013, under which the obligor East B&C and the third obligor as Seoul Eastern District Court KRW 26,506,849, based on the original copy of the judgment on the purchase price of goods, and the third obligor was issued a seizure and collection order on the instant claim for construction price. The above collection order was served on the Defendant on August 8, 2013.

(2) On February, 200, the plaintiffs are obligated to pay the construction cost of this case to Dong bank T&A branch. With respect to the construction of this case, the defendant is obligated to pay Dong bank loan interest 19,780,475 won, registration tax 6,884,928 won among the apartment of this case, and additional construction payment 65.

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