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(영문) 부산지방법원 2016.04.07 2015가단62926
추심금
Text

1. The Defendant’s KRW 17,553,578 against Plaintiff A, KRW 11,633,813 against Plaintiff B, and each of them from September 11, 2015.

Reasons

1. Facts of recognition;

A. (1) The existence of seized claims (hereinafter “Banan Construction”) entered into a contract with the Defendant that it was awarded a contract for the part of the soil construction among the new construction works of the C apartment in the amount of KRW 430,000,000 on November 25, 2014, and entered into a contract with the Defendant to modify the said contract as it was awarded for the soil construction and retaining walls (hereinafter “instant construction”) among the new construction works in the amount of KRW 595,00,000 on March 13, 2015.

(2) As of the end of May 2015, the instant construction was completed, and at least KRW 91,278,160 of the construction cost was not paid by the Defendant as of the date of the closing of the instant argument.

B. On July 22, 2015, the Plaintiffs filed a lawsuit against the construction of this case seeking payment of wage claims under the Busan District Court Decision 2015Da27473, and rendered a judgment ordering the Plaintiffs to pay each amount stated in the “the amount of judgment” column in the attached Table of “Calculation Table of Claim Amount by Plaintiff” (hereinafter “Calculation Table”) against the construction of this case.

(2) Meanwhile, the Plaintiffs filed an application for provisional attachment of claims against the Defendant for the provisional attachment of claims against the Defendant of this case with the Busan District Court 2015Kadan4204 (hereinafter “instant provisional attachment order”) on June 19, 2015, with the view to preserving the amount corresponding to each of the money stated in the “calculated Table” of the Plaintiffs’ wage claim against the Defendant of this case’s wage claim against the Defendant of this case’s construction of this case’s bill as the obligor, and the Defendant was the garnishee. The instant provisional attachment order was served on the Defendant on June 24, 2015.

(3) Next, based on the judgment on the merits of the case in Busan District Court Decision 2015Kadan27473, the plaintiffs transferred the above provisional seizure amount among the plaintiffs' above wage claims against the defendant to the principal seizure, and the "Calculation Table" attached thereto.

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