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(영문) 수원지방법원 성남지원 2021.02.02 2019가합411113
점유회수 등 청구의 소
Text

The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, D, and E’s construction cost, etc. 1) C, Inc. (hereinafter “C,” and in the case of a corporation, the company name is stated) entered into a contract with F to receive a subcontract for electrical construction among the new construction works of the complex building on the G ground of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu (hereinafter “instant building”).

C On May 29, 2012, the Co., Ltd. received a favorable judgment against F on May 29, 2012: “The Defendant shall pay to the Plaintiff the amount of KRW 135 million and the amount calculated by the rate of 20% per annum from April 1, 2009 to April 23, 2012” from the same court on September 14, 2012, the said judgment became final and conclusive on October 6, 2012.

2) D on February 25, 2009, with a claim for the payment of the construction cost against H, a subcontractor of the instant new construction project.

On June 22, 2016, H receives a payment order order (Seoul Central District Court 2016 tea 30682) from the same court on August 19, 2016, stating that “The debtor shall pay to the creditor 130,424,790 won per annum from February 29, 2009 to the delivery date of the authentic copy of the payment order, 7.5% per annum from the next day to the date of complete payment, and 15% per annum from the next day to the date of complete payment,” and E received a payment order from the same court on September 13, 2016 to the date of application for payment order (Seoul Central District Court 2016Da30682). The debtor shall receive from the same court 200 per annum 15% per annum from the next day to the date of complete payment, with respect to the new construction of the building in this case to the date of application for payment order from the court 2017Da17417 decided July 27, 17.

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