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(영문) 창원지방법원거창지원 2016.08.09 2016가단1002
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion construction company (hereinafter “Shoho Lake Construction”) has the construction cost that the Defendant would receive from the Defendant in relation to the construction of the new building on the ground of Mapo-gu Seoul and four lots of land (hereinafter “instant construction”).

On May 2, 2016, the Plaintiff received a seizure and collection order regarding KRW 152,232,280, out of the above claim for construction price against the Defendant of Seocho Construction (Scheon District Court Youngcheon District Court Branch Branch Decision 2016TTTTT51), and the order was served on the Defendant on May 2, 2016.

Therefore, the defendant is obligated to pay to the plaintiff KRW 40,000,000, which is part of the collection amount of KRW 152,232,280, and damages for delay.

2. However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant still remains the remainder of the construction cost payable for Seoho Construction.

Rather, comprehensively taking account of the purport of the entire pleadings in the written evidence Nos. 1 and 2, Hoho Construction filed a lawsuit against the Defendant on Mar. 17, 2010, seeking payment of the remaining construction cost relating to the instant construction, but the first instance court rendered a ruling dismissing the claim for Hoho Construction on the ground that the remaining construction cost does not remain on Nov. 18, 2010 (Seoul High Court Decision 2010Na264), and Seoho Construction appealed on Nov. 16, 201, but the appeal was dismissed on Nov. 16, 201 (Seoul High Court Decision 2010Na2461). It is only recognized that the said judgment became final and conclusive.

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

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