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(영문) 대전지방법원 2017.08.10 2016가단37720
추심금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

Basic Facts

On April 19, 2016, the Plaintiff received from the Daejeon District Court Decision 2016 tea1767, the claim claim amounting to KRW 161,539,59, based on the original copy of the payment order in the goods payment order case of Esteto Co., Ltd. (hereinafter “Esteto”), as the claim amounting to KRW 161,539,59 on April 19, 2016, Esteto (136,870,203, and KRW 24,669,396, among the claim amount for construction payment against Defendant Taewon Construction Co., Ltd. (hereinafter “Esto”), as indicated in the following table:

The details of the claim amount against Defendant 3’s obligor No. 1,36,870,203 Sejong Special Self-Governing City’s 3-2, smart hub1-1BL construction works (hereinafter “instant construction works”) related to reinforced concrete construction works among the new construction works of smart hub 1 located in Sejong Special Self-Governing City’s 1-1, Sejong Special Self-Governing City’s 1-1, Sejong Special Self-Governing City’s 1-5BL construction works (hereinafter “the instant 2 construction”) were served on April 22, 2016, the claims attachment and collection order of this case pertaining to reinforced concrete construction works among the new construction works located in Sejong Special Self-Governing City’s 1-1, Sejong Special Self-Governing City’s 24,669,396, and the Defendant Taewon Construction Industry on April 25, 2016.

【In the absence of dispute, the Plaintiff’s assertion of the purport and purport of the entire pleadings, and the Plaintiff’s assertion of Estop has each claim against the Defendants for the payment of the construction cost. Therefore, the Plaintiff is obligated to pay to the Plaintiff the collection amount in accordance with the instant claim attachment and collection order, the Defendant Taewon Construction Industry KRW 136,870,203, the Defendant Taewon Construction Industry KRW 24,69,396, and the delay damages therefrom.

The judgment of the defendant Taewon Construction Industry is based on the evidence of Nos. 3 to 7 (including the number of partial heading).

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