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(영문) 광주지방법원 2015.02.06 2014나358
추심금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. On April 9, 2012, from April 2012 to May 29, 2012, Nonparty Heavy Industries Co., Ltd. (hereinafter “Seil Heavy Industries”) entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with the Defendant with respect to Non-party 1’s 3rd period MEC, MEC, PNASESMMMMMMNT manufacture work, “PNAMAS MAEMMMEEEMMMMMMT and processing work,” “PNMATRAL production work,” “PNAMA MUNMMMMMM CRTRTR-TRAL production work,” and the said construction work was carried out.

On July 31, 2012, the Defendant notified the Sung Heavy Industries of the termination of each of the instant subcontract due to lack of construction capacity, etc., and on the same day, Sung Heavy Industries prepared and issued a letter of waiver of each of the instant subcontract to the Defendant.

The Plaintiff, based on the authentic copy of a notarial deed in force, No. 893, 2012, issued a seizure and collection order (hereinafter “instant claim seizure and collection order”) on July 25, 2012 with respect to KRW 81,556,202, out of the construction price claims of each of the instant subcontract against the Defendant of Sung Heavy Heavy Industries, by a notary public for Sung Heavy Heavy Industries. On July 25, 2012, the Plaintiff received a seizure and collection order of the instant claim (hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order was served on the Defendant on July 26, 2012.

On October 24, 2012, the Defendant deposited KRW 25,500,000 for the construction cost related to the Sung Heavy Industries as the gold No. 336 of the Gwangju District Court (Seoul District Court Decision 2012, Oct. 24, 2012).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 through 12 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 15, 16, 19, 20, and the purport of the whole pleadings

2. The parties' assertion

A. The main point of the plaintiff's assertion is 34,98,692 won against the defendant = the total purchase amount on the tax invoice list reported by the Sung Heavy Industries in the Mail Heavy Industries.

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