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(영문) 인천지방법원 2015.06.11 2014나18896
추심금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. Basic facts

A. On November 10, 2012, the Defendant, a limited partnership company, a joint venture company, a joint construction company, and a same-sex construction company contracted construction works for the in-house shooting range from Incheon Metropolitan City. On November 10, 2012, the said company subcontracted the instant construction works for KRW 512,114,614 during the instant construction works to the daily basic construction company, and subcontracted the said works for the in-house construction company (hereinafter “in-house construction”) with the construction cost of KRW 1,061,073,805 during the instant construction works to the company fixed-term construction (hereinafter “in-house construction”) on January 4, 2013

(hereinafter referred to as "each of the above subcontracts". B.

On January 15, 2014, the Defendant terminated each of the instant subcontract on the grounds of delay in air.

C. Around May 29, 2014, the Defendant and Samri Construction agreed to pay each of the KRW 5,000,000 to fixed-term construction, daily basic construction, and daily construction, Defendant and Samri Construction, as the construction cost, for fixed-term construction, and KRW 295,00,000 to daily basic construction, respectively.

The Plaintiff filed a lawsuit seeking payment of rent of KRW 48,422,00 and damages for delay from December 1, 2013 (Seoul District Court Decision 2014Da1999) with respect to the fixed construction on February 14, 2014, the Plaintiff received an order to pay the said money on February 14, 2014.

3.1. The above payment order was finalized.

E. On January 2, 2014, the Plaintiff was issued a provisional seizure order of KRW 48,422,00 among the claim for construction payment against the Defendant in order to construct a debtor regularly and a third debtor as the Defendant. On March 12, 2014, the Plaintiff was issued a provisional seizure order of KRW 48,422,00 from among the claim for construction payment against the Defendant in order to construct a due construction. On March 12, 2014, Incheon District Court Branch Branch Office 2014TT7254 (hereinafter “instant collection order”). The instant collection order was served on the Defendant on June 25, 2014.

5. An obligee.

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