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(영문) 서울중앙지방법원 2015.07.22 2014나44443
추심금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. On September 9, 201, the Defendant contracted with the Korea Land Corporation for construction of a housing zone for the Goyang Changwon River Construction Project (hereinafter referred to as “Triwon Development”), the Defendant: (a) set the price for earth and sand, water supply and drainage, and removal construction (including additional taxes; hereinafter the same shall apply) from September 9, 201 to December 14, 201; and (b) set the period from September 9, 201 to December 14, 201 as the price for the construction of the structure ( underground tea/small bridge) on October 4, 201 as KRW 4,906,00,000; (c) the construction period from October 4, 201 to October 4, 2011 as the price for each subcontract.

(hereinafter referred to as "instant subcontract" in this case). (b)

On December 20, 2012, the Plaintiff was issued a provisional attachment order on the Defendant’s claim for the construction cost (hereinafter “instant claim”) against the Defendant in the development that was made available as the preserved right for the payment of wages, etc. (the claimed amount of KRW 12,109,440) for the development, which was named as the Jung-gu District Court High Court Branch 2012Kadan7071 on December 20, 2012, and the provisional attachment order was served on the Defendant on December 26, 2012.

C. On April 16, 2013, the Plaintiff filed a lawsuit claiming wage, etc. against Samyang Development with the Goyang-gu District Court 2012 Ghana48401, and was rendered a favorable judgment on April 16, 2013, and the said judgment became final and conclusive around that time.

On May 27, 2013, the Plaintiff: (a) transferred the above provisional seizure to the provisional seizure by Goyang-gu District Court 2013TTT 6925 with the above final judgment as executive title; (b) additionally seized KRW 663,837 out of the instant claims and granted the collection authority to the said sum of KRW 12,773,277 (i.e., the additional attachment of KRW 12,109,440, and KRW 663,837, May 29, 2013; and (c) received the seizure and collection order to transfer the provisional seizure to the original seizure; and (d) received the above claims seizure and collection order to the Defendant on May 29, 2013.

E. Meanwhile, following the process of default on February 22, 2013, the Defendant’s failure to perform the duty within the air due to the foregoing default on payment on March 12, 2013.

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