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Reasons
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(영문) 창원지방법원 진주지원 2017.02.17 2016가단34324
추심금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Contract 1 between the Defendant and A) The Defendant is a stock company A (hereinafter “A”) on September 1, 2014.

B) As between the Defendant and A, CCTV installation works in a fire-fighting facility located in Sacheon-si from A (the title: B; hereinafter “instant construction”).

(A) the contract for the construction (establishment) with the content that goods equivalent to KRW 141,00,000 (including value-added tax) required are supplied (hereinafter “instant contract”).

The Plaintiff concluded a separate tax invoice. The amount of KRW 27,50,000 on December 10, 2014 on the date of issuance of the tax invoice was KRW 27,50,000 on the date of payment of the amount of the goods price for the goods, KRW 27,50,000 on December 10, 2014, and KRW 53,90,900 on December 53, 2014, KRW 30,000 on December 30, 2014, KRW 30,00 on April 24, 2015; KRW 94,60,000 on April 28, 2015; KRW 90,000 on the aggregate of KRW 94,60,000 on the basis of the instant contract; KRW 90,604,600,600,000 on December 24, 2015.

B. The Plaintiff’s claim 1) around June 2015, A subcontracted the Plaintiff with the construction cost of KRW 77,902,00 (including value-added tax) for the installation of the POL automatic type fire extinguishing equipment (communication) during the instant construction work, and the period from June 11, 2015 to June 20, 2015. (2) The Plaintiff filed an application for the payment order with the Changwon District Court for the payment order with KRW 2015,1653, as the Plaintiff was not paid at all from A, and the payment order was served on the Plaintiff on December 7, 2015, and the payment order became final and conclusive on December 25, 2015.

(hereinafter “instant payment order”). C.

The Plaintiff’s claim amount of KRW 84,618,417, the sum of the principal and interest of the bonds and the execution cost of the bonds against A based on the instant payment order, and the amount of the construction cost unpaid under the construction contract of the Daegu District Court 2016TT657, which A holds against the Defendant under the construction contract of the instant case, up to the above claim amount.

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