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(영문) 서울고등법원(인천) 2020.09.18 2019나13450
추심금
Text

Of the judgment of the court of first instance, the part against the defendant among the judgment of the court of first instance is modified as follows.

The defendant shall pay 152,00,000 won to the plaintiffs.

Reasons

1. Basic facts

A. A. D Co., Ltd. (hereinafter “D”) entered into a construction contract with the Defendant around August 2017, received a contract from the Defendant for the construction of a new C plant on the Franju-si F (hereinafter “instant construction”).

D The instant construction project was undertaken from August 16, 2017 to October 26, 2017, and the construction price that D was not paid by the Defendant is KRW 200 million.

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

Plaintiff

A’s seizure and collection order of Company A 1) Plaintiff A (hereinafter “Plaintiff A”)

(2) On December 22, 2017, the Plaintiff filed an order for payment with the Seoul Eastern District Court 2017 tea3083 and received payment order on December 22, 2017, and the said order for payment became final and conclusive January 13, 2018. (2) On April 18, 2018, Plaintiff A received a claim amounting to KRW 37,840,347 on the basis of the original copy of the above order for payment with executory power as KRW 377,840,347 from the Incheon District Court 2018TTTT 507151, and the above order for seizure and collection was served on the Defendant on April 20, 2018.

3) Meanwhile, D filed an immediate appeal with the Incheon District Court 2018Ra5150 on April 30, 2018 regarding the above order of seizure and collection, but D received a decision of rejection of appeal on October 18, 2018, and filed a reappeal against the above order on December 13, 2018, but the said order of rejection of reappeal became final and conclusive on November 10, 2018. (c) Plaintiff G Co., Ltd. (hereinafter “Plaintiff G”).

(1) On November 5, 2018, based on the original copy of the Incheon District Court Decision 2018Gahap53480 Decided August 22, 2018, the Court issued the Incheon District Court Order 203,931,426 to the effect that the claimed amount was KRW 203,931,426, and received the seizure and collection order under the Incheon District Court Order 2018TTB26718, and the above seizure and collection order was served on the Defendant on November 28, 2018. The ground for recognition was based on recognition.

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