(영문) 대전지방법원 2015.10.14 2014가단49637

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(영문) 대전지방법원 2015.10.14 2014가단49637

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. Basic facts

A. On December 15, 2014, the Daejeon District Court 2012 tea 9944 issued a seizure and collection order to transfer the provisional seizure No. 2017, Daejeon District Court 2014, the provisional seizure No. 20117, the provisional seizure No. 2016, Dec. 16, 2014, the said order was served on the Defendant on December 16, 2014.

B. A Co., Ltd. filed a lawsuit against the Defendant for the payment of the construction price based on the instant construction price claim.

On January 16, 2014, Daejeon District Court (Seoul District Court 2012Gahap34119), which was the first instance court (Seoul District Court 2012Gahap3419), sentenced to the judgment that "the defendant shall pay 101,949,430 won and delay damages therefor to Hoho Co., Ltd." but the Daejeon High Court, which was the second instance court (Seoul High Court 2014Na633), which appealed the claim of the construction payment of this case and collected the claim of this case, was KRW 475,015,101, which became the creditors' claim amounted to 475,015,101, and the lawsuit of this case was dismissed." The above judgment became final and conclusive around that time.

C. On the other hand, the Defendant filed a lawsuit against the Defendant for damages relating to the claim for the construction price of this case against the Defendant ( Daejeon District Court 2014Gahap106520) and is currently underway.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay the plaintiff the construction price claim of this case where Hoho is held against the defendant, 3 million won which the plaintiff received a collection order, and its delay damages. The defendant, the defendant, and the defendant, the defendant, the corporation, and the corporation, the defendant, the defendant, among the construction price claim of this case where Hoho

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