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(영문) 부산지방법원서부지원 2019.06.18 2018가단114165
물품대금
Text

1. The defendant shall be the plaintiff.

(a)a payment of KRW 95,00,000 from C, or a certificate or securities described in the separate sheet;

Reasons

1. Basic facts

A. On July 10, 2018, C entered into a contract with the Defendant to receive a contract for D interior works (hereinafter “instant construction works”) at KRW 1.7 billion for the construction cost (excluding value-added tax). On September 28, 2018, C entered into a modified contract to increase the construction cost of the instant construction in KRW 1.9 billion (excluding value-added tax) (hereinafter “instant modified contract”), and agreed to receive a balance of KRW 130 million (excluding value-added tax) after the completion of construction work.

B. From August 1, 2018, the Plaintiff

8. By the end of 29.29. C supplied LED lighting and electric equipment at the above construction site, and failed to receive the price of KRW 112,217,490.

C. On September 10, 2018, the Plaintiff received a provisional attachment order on the instant claim for construction price (Ulsan District Court 2018Kadan13189, hereinafter “instant provisional attachment order”) with the debtor C and the third debtor as the defendant and the claim amount of KRW 112,217,490, and the provisional attachment order of this case was served on the Defendant, who is the garnishee, on September 13, 2018.

C completed the instant construction project on October 11, 2018, and the Defendant paid C the construction cost of the instant construction amount of KRW 1.77 billion (excluding value-added tax) out of KRW 1.9 billion (excluding value-added tax) by September 21, 2018.

E. On October 23, 2018, the Plaintiff: (a) received a seizure and collection order for the instant claim for the construction cost (U.S. District Court Decision 2018Da108631, U.S. District Court Decision 2018Da7927); and (b) received a seizure and collection order for the instant claim for the construction cost (U.S. District Court Decision 2018Da108631, Oct. 26, 2018, the instant collection order was served on the Defendant, a garnishee, who is a debtor, on October 26, 2018.

F. Of KRW 112,217,490 out of the amount of seizure under the collection order of this case 113,594,966, 112,217,490 was to transfer the provisional seizure of this case to the original seizure, and the remainder of KRW 1,377,476 was to newly seize it.

[Ground of recognition] dispute.

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