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(영문) 부산지방법원동부지원 2016.01.14 2014가합4193
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. On September 27, 2010, the Defendant concluded a contract with the ground construction company (hereinafter “ground Construction”) under which soil and structures (B) works among B works ordered by Busan Traffic Corporation (hereinafter “B construction contract”) were contracted (hereinafter “B construction contract”).

B. On June 20, 201, the Defendant concluded a contract under which part of retaining walls and structures works, foundation and structure works for reservoirs, and special street dials construction works among C works ordered by the Young-nam Regional Headquarters of the Korea Rail Network Authority on the ground construction (hereinafter “C construction contract”), and the construction contract described in paragraph (a) combined with the construction contract described in paragraph (a) was referred to as “each of the instant construction contracts”).

C. Based on the executory exemplification of the judgment in Busan District Court 2012Gahap2605 case, the Plaintiff filed an application for a seizure and collection order against KRW 502,338,154 out of each of the instant construction payment claims against the Defendant for ground construction under the Busan District Court 2013TTTT81, based on the executory exemplification of the judgment with Busan District Court dong Branch, Busan District Court 2012Gahap2605 case. On August 28, 2013, the said court issued a seizure and collection order (hereinafter “instant collection order”).

The original copy of the instant collection order was served on September 2, 2013 on the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. As the Plaintiff’s alleged ground construction performance of each of the instant construction works, the ground construction has at least 1.3 billion won and settlement claims against the Defendant.

The Plaintiff received a seizure and collection order as to KRW 502,338,154 among the construction cost and the settlement money claim against the Defendant of the ground construction. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 502,338,154 and delay damages.

Specifically, with respect to B construction, the additional construction cost of KRW 1,551,312,00 has been paid as of November 10, 201, and the remainder has been later.

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