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(영문) 서울중앙지방법원 2016.06.22 2015가합525983
추심금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On November 8, 2013, the Chang Technology Co., Ltd. (hereinafter “original Technology”) and the Defendant’s Chang Technology Co., Ltd. entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with the Defendant to complete the construction work of the machinery equipment installation installation work (hereinafter “instant construction work”) in return for the payment of USD 17,991,834 (hereinafter “instant construction work”).

B. On January 7, 2015, the Plaintiff A issued a collection order with the Suwon District Court 2015TT93, the notary public with respect to the Plaintiff’s creative technology as the title of execution of the notarial deed with the executory power under the money loan contract No. 727, the document No. 2014, the document No. 727, the document No. 727, which was executed by the Plaintiff, as the Suwon District Court 2015, and the Plaintiff A issued a collection order with respect to the construction cost claim under the instant subcontract

2) Of the instant collection order, the seizure and collection order against KRW 267,641,738 (hereinafter “instant collection order”).

(2) On January 16, 2015, the Plaintiff B received the instant collection order, and served the Defendant, the garnishee on January 8, 2015. (2) The Plaintiff B received the seizure and collection order (hereinafter “instant second collection order”) against KRW 130,216,542, out of the construction cost claim under the instant subcontract, with the executory exemplification of the loan case as Suwon District Court 2015TT727, Suwon District Court 2015.16, Suwon District Court 2015, the executory exemplification of the loan case as the title of execution. The Plaintiff B received the seizure and collection order against KRW 130,216,542, among the construction cost claim under the instant subcontract (hereinafter “instant order”). The second collection order was served on the Defendant, the garnishee on January 21, 2015

② In addition, on January 26, 2015, the Suwon District Court issued a seizure and collection order (hereinafter “instant third collection order”) against KRW 49,149,863 among the claim for construction price under the instant subcontract by designating the original of the same payment order as the execution title as the Suwon District Court 2015TTT1805, and the third collection order of the instant case was issued.

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