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(영문) 수원지방법원안산지원 2019.11.08 2019가단53610
추심금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On May 24, 2018, the Plaintiff was issued a provisional attachment order with respect to the “claim up to KRW 90,098,000 out of the remainder amount of the unpaid construction work for the Defendant under the “Construction Contract for Building H in Yongsan-gu” by the Seo-gu District Court Branch Decision 2018Kadan50843, the debtor’s obligor E (hereinafter “E”) and the third obligor’s Defendant and the third obligor’s claim amount of KRW 90,098,00.”

B. On November 13, 2018, based on the executory exemplification of the judgment in the construction cost case No. 2018Gadan56814, the Plaintiff applied for a provisional attachment and a collection order to transfer the provisional attachment to the main attachment to the Seogu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office of

C. The collection order of the instant claim was served on the Defendant around that time. The content of the seized claim indicated in the seizure and collection order of the instant claim is as follows.

The provisional attachment claim that is transferred from provisional attachment of KRW 90,098,00 to provisional attachment of KRW 6,220,464 of the amount of claims to be transferred from provisional attachment of KRW 96,318,464, the aggregate of the claims to be collected and the claims to be seized and the claims to be additionally seized are indicated obligor E, “A” in the construction contract for G building H building located in the Fdong in Suwon-si, “A”, and there is no dispute over the amount up to the above claims [based on recognition] out of the unpaid construction balance against the Defendant. The entries in subparagraphs 1 and 2, and the purport of the whole pleadings.

2. Determination as to the legitimacy of the instant lawsuit

A. A. A summary of the cause of the claim and a summary of the cause of the claim 1 of this safety defense against the Defendant E.

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