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(영문) 수원지방법원 2018.06.20 2017가단39975
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “D”) received a demand for factory construction from the Defendant around July 23, 2015.

Around May 17, 2016, after completion of the construction, D and the Defendant determined the total construction cost of KRW 7,099,000,000.

(hereinafter referred to as the “instant construction cost claim”) against the Defendant. B.

On June 21, 2016, E Co., Ltd. (hereinafter “E”) received a provisional attachment order on the instant claim for the construction cost of KRW 74,360,000 with the obligor D, garnishee, Defendant, claim amounting to KRW 74,360,00 (U.S. District Court Decision 2016Kadan2247, hereinafter “instant provisional attachment order”), and the said decision was served on the Defendant on June 27, 2016.

C. On September 8, 2016, E filed a lawsuit against D for the claim for construction price, and rendered a judgment that “D shall pay E the amount of KRW 74,360,000 and the amount calculated at the rate of 15% per annum from June 28, 2016 to the date of full payment” (U.S. District Court Decision 2016Da25016), and the above judgment became final and conclusive around that time.

E, on October 13, 2016, transferred the above provisional attachment to the principal attachment, and additionally seized KRW 3,199,918 out of the instant construction payment claims (U.S. District Court 2016T. 17505), and the above order was served on the Defendant on October 17, 2016.

E. E is the Plaintiff on May 31, 2017.

On the same day, a certificate of content was sent to D that notifies the assignment of claims, and the above content certification reached D around that time.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 3 (including each number in case of a tentative number), the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant, the collection obligee, within the scope of KRW 74,360,000 and the Plaintiff’s claim for construction cost of this case, barring any special circumstance.

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