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(영문) 부산지방법원 2014.05.21 2013가합45658
추심금
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. On November 3, 2010, E.S. General Construction Co., Ltd. (hereinafter “E.S. Construction”) entered into a contract for construction works of a factory on the land (i) Dogsan-do, Masan-do, 1362, and (ii) the construction period from November 9, 201 to March 30, 201, with the construction cost of KRW 1,320,000,00.

(2) On November 3, 2010, the Defendant paid 200,000,000 won to S branch General Construction to S branch Construction as a sum of KRW 1,047,552,428 from the same day to April 20, 2011.

B. (1) On May 17, 201, the Plaintiff was issued a provisional seizure order against the amount up to 635,000,000 won out of the claim for the construction cost of S branch construction (hereinafter “the claim for the construction cost of this case”) by Busan District Court Decision 201Kadan4111, based on the loan claim for S branch construction, and the provisional seizure order was served on the Defendant on May 19, 201.

(2) On March 22, 2013, the Plaintiff filed an order for payment with the Busan District Court Decision 2013 tea5177, which stated that “S branch construction is 565,00,000 won and 20% per annum from December 30, 2010 to the date of full payment,” and the payment order was finalized on April 23, 2013.

(3) On June 12, 2013, the Plaintiff received the order of seizure and collection (hereinafter “instant order of seizure and collection”) from the Busan District Court 2013TTT15326, which transferred the provisional seizure order of this case to the original seizure. The above order of collection was served on the Defendant on June 17, 2013.

【Ground of recognition” has no dispute, Gap 1 through 4, and 6 respectively.

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