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(영문) 울산지방법원 2021.01.15 2019가단115159
추심금
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an application for provisional attachment against C (hereinafter “C”) for a claim for payment of rent under a contract for construction materials lease with the U.S. District Court 2018KaMa13222, on September 19, 2018, for the issuance of a provisional attachment against “87,505,450 won out of the instant contract for construction works unpaid to C (hereinafter “the instant contract for construction works”) pursuant to the Busan High Shipping Daegu D Co., Ltd. (hereinafter “the instant contract for construction works”). The decision was served on the Defendant on September 19, 2018.

B. In addition, the Plaintiff filed a lawsuit claiming the agreed amount with the Ulsan District Court 2018 Ghana 69099, and was sentenced by the above court on April 11, 2019 to the effect that “C shall pay to the Plaintiff KRW 115,443,350 and delayed damages.”

(c)

B. On June 17, 2019, the Plaintiff issued a seizure and collection order for KRW 32,700,401 out of the instant construction cost claim under provisional attachment to KRW 87,505,450, the Ulsan District Court 2019, and issued a seizure and collection order for KRW 32,70,401 among the instant construction cost claim under provisional attachment. The Plaintiff was notified of the order of seizure and collection on June 17, 2019. The above order was served on the Defendant on June 21, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the Plaintiff’s assertion is that E Co., Ltd. (E) that entered into the instant construction contract with the Defendant (hereinafter “E”) is practically the same as C.

In other words, F, the representative director of C, directly entered into the above contract as E's regular business, and E is also registered as E's on-site agent.

Ultimately, the instant construction contract is concluded.

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