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(영문) 인천지방법원 2020.10.15 2019나61703
공사대금
Text

The judgment of the first instance court, including the claims of the Intervenor succeeding to the plaintiff who participated in the trial, shall be amended as follows:

Reasons

1. The facts of recognition and the grounds for the court’s explanation on this part are as follows: “On the other hand, an application for completion inspection of purification facilities of the building of this case was accepted on August 24, 2015, and the certificate of completion inspection of electrical facilities of this case was issued on September 3, 2015; on September 9, 2015, the certificate of completion inspection of information and communications construction works was issued on November 26, 2015; on December 10, 2015, the certificate of completion inspection of fire-fighting facilities was issued on December 10, 2015; and on December 4, 4, 5, 2015, the certificate of completion inspection of fire-fighting facilities was issued on December 10, 2015.” This is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the following in lieu of deletion of 4,5 parallels:

1) On December 21, 2018, J, a creditor of the Plaintiff, issued a seizure and collection order (hereinafter “first collection order”) against the Plaintiff’s instant claim against the Defendant, with the amount of KRW 13,646,036, based on the executory exemplification of the payment order for the construction cost case of the Suwon District Court 2018j411, Suwon District Court 201 against the Plaintiff, Incheon District Court 2018, based on the executory exemplification of the payment order for the construction cost case of the Plaintiff. The J, a creditor of the Plaintiff, was served on the Defendant on December 27, 2018. The above order was served on the Defendant on December 27, 2018.

2) On January 21, 2019, based on an executory exemplification of the judgment in Suwon District Court 2018Gaso29696 case against the Plaintiff, K Co., Ltd., the Plaintiff’s creditor, issued a seizure and collection order (hereinafter “second collection order”) on the Plaintiff’s claim for the instant construction cost against the Defendant as KRW 20,990,410, based on the executory exemplification of the judgment in the case of construction cost payment against the Plaintiff, which was based on the Suwon District Court 2018Gaso 29696, the Incheon District Court 2019, Incheon District Court 2019, and KRW 20,990,410. The said order was served on the Defendant on January 23, 2019.

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