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(영문) 서울중앙지방법원 2016.10.07 2015가합563817
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for the price of goods against the genetic company, etc., supplied electric cables to the genetic company from January 2014 to May 2015, 2015, and the price of goods not received from the non-party company is KRW 575,806,764. In a voluntary auction procedure for the real estate owned by the non-party company ( Daejeon District Court A), the Plaintiff received dividends of KRW 400 million on August 26, 2016 as the price of the above goods from the creditor.

B. On March 31, 2014, Nonparty Co., Ltd. entered into a contract with Defendant 1, 125,000,000 won (i.e., subcontract amount of KRW 3,690,50,000 (= subcontract amount of KRW 434,50,000) for the subcontracted construction amount of KRW 3,690,50,000).

Then, from May 28, 2014 to October 27, 2015, the Defendant paid the Plaintiff KRW 3,641,00,000, out of the construction cost of the Defendant subcontractor’s subcontracted as above 3,690,50,000, and the remainder of KRW 49,50,000,000 is the following:

On November 12, 2015, on the grounds of the provisional seizure of claims as stated in the Paragraph, the execution deposit under Article 248(1) of the Civil Execution Act was made (Seoul District Court No. 6234 in 2015).

C. On July 31, 2015, the Seoul Central District Court Order 2015Kadan1357 (the claimed amount KRW 191,48,943) and the provisional seizure order of claim No. 2015Kadan1680 (the claimed amount KRW 350,000) as of September 11, 2015, the Plaintiff’s claim against the Defendant against the non-party company as to the claim for the payment of the subcontract price against the Defendant of the non-party company. The above provisional seizure order (hereinafter “the provisional seizure order of this case”) was served on the Defendant on August 5, 2015 and September 15, 2015, respectively.

The non-party company in the rehabilitation procedure against the non-party company on 2015.

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