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서울중앙지방법원 2019.12.18 2019가단5154608

추심금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On June 13, 2019, the Plaintiff received a seizure and collection order (hereinafter “instant seizure and collection order”) against KRW 39,239,730, among the claims against the Defendant, from the 39,239,730 among the claims against D (hereinafter “D”).

The instant order of seizure and collection was served on June 17, 2019 on the Defendant.

On July 24, 2019, the Defendant deposited KRW 14,086,244 as Seoul Western District Court No. 2790 (Seoul Western District Court 2019) for the obligation to pay the construction price to D.

The Defendant stated, as the cause of deposit, that “The remaining construction cost arising from the subcontract agreement of the E-Newly constructed construction works (hereinafter “the subcontract agreement of the instant subcontract”) was concurrent with the seizure and collection order of the instant case, etc., and deposited pursuant to Article 248(1) of the Civil Execution Act.”

[Ground of recognition] The non-contentious facts, Gap evidence No. 2, plaintiff's assertion as to the purport of the whole pleadings, and the plaintiff's assertion as to this, the plaintiff asserts to the purport that D's construction price to be paid by the defendant under the subcontract of this case exceeds 14,086,244 won.

However, there is no evidence to acknowledge this.

The plaintiff's assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.