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(영문) 서울동부지방법원 2019.09.20 2018가단12477
공사대금
Text

1. The Defendant’s KRW 3,521,001 as well as its annual 6% from April 22, 2014 to September 20, 2019 to the Plaintiff.

Reasons

1. Name of the facts of recognition: The date of commencement of the E (hereinafter referred to as “instant construction”): April 18, 2013: Contract price on April 15, 2014: A contractor who awards a contract (including group, surtax, additional dues, and no contract bond): The plaintiff;

A. On April 18, 2013, the Plaintiff concluded a construction contract with the Defendant (hereinafter referred to as “instant contract”) with the main purpose of conducting an information and communications construction business.

B. On April 21, 2014, the Plaintiff completed the instant construction work.

As the instant construction cost to the Plaintiff, the Defendant prepared a written confirmation that the Plaintiff paid KRW 33,00,000,000 on July 17, 2013, and KRW 4,000 on April 28, 2014, and June 16, 2014, the Plaintiff paid KRW 4,000,000 to the Defendant on June 13, 2014, and paid KRW 4 million to G. Accordingly, the Defendant remitted the said money to G.

On June 25, 2014, KRW 10,480,00 and KRW 103,487,267 on July 9, 2014, and KRW 23,711,732 on May 15, 2015, the Defendant paid the above amount to H, a creditor and provisional attachment authority, and the Plaintiff also does not dispute.

A total of KRW 293,478,99 was paid by paying the Company.

C. On the other hand, on July 25, 2019, F Co., Ltd. filed a claim attachment and collection order with respect to “the amount of money that the Plaintiff would have against the Defendant, among the claims to be paid by the Defendant, until it reaches the above claim amount,” based on the executory exemplification of the judgment in the case of construction cost as against the Plaintiff on July 25, 2019, based on the Incheon District Court 2014Gaso94220, the Seoul East Eastern District Court 2019 Tasoga59324, which was the Seoul East District Court 2019, the Defendant and the third obligor as the Defendant and the third obligor as KRW 9,433,822.

On July 29, 2019, the judicial assistant officer of the above court rendered a decision to accept the above request (hereinafter “instant claim seizure and collection order”), and the instant claim seizure and collection order were served on the Defendant, who is the garnishee, on August 1, 2019.

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