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Reasons
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(영문) 부산지방법원 2014.12.19 2014가단47654
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. On September 7, 2012, the Defendant entered into a contract on September 7, 2012, 300 won for the construction period of the interior and cover construction from September 7, 2012 to December 4, 2013, and the construction cost of KRW 1.87 billion was determined as the construction period from September 7, 2012 to April 2, 2014, with the construction amount of KRW 1.925 million from September 7, 2012 to April 2, 2014.

B. On February 20, 2014, the Plaintiff was issued a decision of provisional seizure of the claim against the Defendant of the non-party company, which seized KRW 20 million of the instant construction cost claim against the non-party company as Busan District Court 2014Kadan1128 (hereinafter “the provisional seizure decision of this case”). The original copy of the provisional seizure decision of this case was served on the Defendant on February 25, 2014.

C. On April 17, 2014, the Plaintiff received the attachment and collection order of the claim (hereinafter “the collection order of this case”) from the provisional attachment to the Defendant of the non-party company as Busan District Court 2014Da2301, based on the executory order of the payment order of the goods purchase price of the non-party company, for the amount of KRW 20 million, which was provisionally seized according to the provisional attachment order of this case against the Defendant of the non-party company as Busan District Court 2014TTT9841, and for the remainder of KRW 7,959,183, the attachment and collection order of the above claim (hereinafter “the collection order of this case”). The original copy of the above attachment and collection order was served on the Defendant on May 12, 2014.

【Ground of recognition】 Facts without dispute, Gap 1, 2, Eul 2, Eul 3, 4, 5, the purport of the whole pleadings

2. Determination

A. Barring special circumstances, the Defendant is obligated to pay KRW 27,959,183 out of the instant claim for construction cost, to the Plaintiff who has the right to collect KRW 27,959,183, out of the instant claim for construction cost.

B. The defendant's defense, etc. is the case of this case.

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