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(영문) 제주지방법원 2019.04.23 2017가단11789
추심금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. On October 2016, C Co., Ltd. (hereinafter referred to as “C”) entered into a subcontract for the construction of machinery and equipment among the construction works for new construction works for living accommodation facilities on the D ground at Jeju-si, setting the construction cost of KRW 1,320,00,000, and the construction period from October 26, 2016 to February 28, 2018. According to the direct payment agreement, E Co., Ltd. (the owner of the said new construction works) paid KRW 132,00,000 to the Defendant on November 23, 2016.

B. C filed a lawsuit against the Defendant seeking the return of KRW 132,00,000 of the down payment with the Incheon District Court (2018da213612) on March 12, 2018, and the Incheon District Court rendered a decision substituting conciliation on July 27, 2018 that “the Defendant shall pay KRW 70,000,000 to C until December 31, 2018. If the Defendant delays the payment, the payment was made in addition to the annual interest rate of KRW 15% from January 1, 2019 to the date of full payment.” The said decision was finalized on August 17, 2018.

(hereinafter referred to as “instant claim”) C’s claim against the Defendant following the said decision.

The Plaintiff, based on the executory protocol of the instant claim for construction cost under the Jeju District Court Decision 2017Da5074, Oct. 19, 2017, issued a collection order for the amount up to KRW 114,742,641 of the claim amount among the instant claims under the Incheon District Court Decision 2017 Tadan5074, Oct. 19, 2017, and the said decision (hereinafter “instant decision”) was served on the Defendant on October 23, 2017.

F Co., Ltd. was issued a seizure and collection order as to the amount until the claim amount was KRW 15,672,914 out of the instant claim under the Incheon District Court Decision 2017Da5043, Nov. 1, 2017, based on the executory protocol of the Jeju District Court 2017Kadan5043, and the decision was served on the Defendant on November 6, 2017.

E. G shall have the executory power over the construction cost case of Incheon District Court 2017 Ghana23571.

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