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(영문) 창원지방법원 2015.11.10 2014가단28285
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Effication Construction Co., Ltd. (hereinafter “Effication Construction Co., Ltd.”) entered into a contract with the Defendant on December 16, 201 with the terms that the construction corporation of the Southern Navy Sports Center (hereinafter “Sports Center”) will enter into a contract with the Defendant for a fixed period from December 23, 201 to April 18, 201, with the construction period of KRW 5,496,931,00, and from December 23, 2011 to April 18, 2014. (2) On June 14, 2013, the construction corporation of the German Village Parking Lot (hereinafter “Japan Village”) will enter into a contract with the Defendant to enter into a contract with the period of the final construction amount of KRW 411,748,00,00 in total, and from June 18, 2013 to June 12, 2014.

(hereinafter “each of the instant contracts”). (b)

On December 6, 2012, from around February 22, 2013, the Plaintiff lent a total of KRW 240 million to Fym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym sym

On June 3, 2014, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) as to the above 77 million won out of the above notarial deeds as the execution right, with regard to the sports center and the German village each of the construction cost claims against the Defendant, which the Changwon District Court 2014TTTTTE 5692, and the Plaintiff received from the Defendant. The above seizure and collection order was served to the Defendant, the garnishee, around June 9, 2014.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 (including paper numbers)

hereinafter the same shall apply.

(2) Each entry and the purport of the whole pleading

2. Issues and judgments

A. The key issue of the instant case depends on whether the Defendant has a claim for the construction price payable for the filial mar case at the time when the Plaintiff’s seizure and collection order reaches the Defendant.

The plaintiff asserts that the defendant still remains a claim for the construction price for the filial spawn case.

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