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(영문) 부산지방법원 2016.10.19 2015나16924
추심금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

A. On December 1, 2014, the Plaintiff received a decision on provisional attachment of claims against the Defendant of the Daol Building Design Co., Ltd. (hereinafter “instant provisional attachment order”) regarding KRW 12,680,704 out of the amount of goods, service charges, and construction charges in the construction site located in Busan East-gu, Seoul East-gu, Seoul District Court 2014Kadan7205, Dec. 1, 2014.

The original copy of the above provisional attachment ruling was served on December 8, 2014 on the defendant.

B. On July 22, 2015, the Plaintiff was issued a ruling on the seizure and collection order (hereinafter “decision on the seizure and collection order of the instant claim”) to transfer provisional seizure of KRW 10,523,014 from the construction site located in the Seoul East-gu Seoul East-gu F, as Seoul East-gu, as Seoul East-gu District Court Decision 2015TTT990 to the Defendant of the building design, to the provisional seizure of KRW 10,523,014 from the construction cost and service cost and the construction cost

The original copy of the decision on the seizure and collection order was served on August 18, 2015 to the defendant.

[Reasons for Recognition] Unsatisfy, Each entry in Gap evidence 1 through 4 (including each number), and the purport of the whole pleadings

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay KRW 10,523,014 to the Plaintiff according to the decision of the seizure and collection order of the instant claim.

B. The defendant's assertion asserts that the defendant paid the construction price to the Multilateral Design.

According to the statements in Eul evidence Nos. 3 and 7, the defendant is recognized to have entered into a contract for remodeling construction with respect to the Dool Building Design and G located in Busan Southern-gu on April 1, 2014, and the defendant transferred KRW 60 million to the account of the Daol Building Design on December 19, 2014.

As provisional seizure against a claim is an order against a garnishee to prohibit payment, it is impossible to extinguish or reduce a claim, and to oppose the creditor by such act.

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