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(영문) 서울동부지방법원 2014.05.02 2013가단111980
전부금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

On May 30, 2011, Pakistan Co., Ltd., Ltd. (hereinafter referred to as “Surrae”) was awarded a subcontract from the Defendant for the instant construction work and sanitary instrument supply work among the construction work for the building on land outside 26-12 and four parcels of land, namely, the instant construction work (hereinafter “instant construction work”); the said construction work amount was paid in KRW 180 million.

Plaintiff

A applied for the attachment and collection order of the claim for the construction cost of this case against the Defendant, who is, having been based on the title of the execution of the Pakistan, against the Defendant, who is, having been, having been, having been, in the execution of the construction cost of this case, D, on November 29, 201, by applying for the attachment and collection order of the claim No. 2011, which was KRW 8109, the Suwon District Court. The attachment and collection order of the above claim were served on the Defendant on November 30, 201, and on February 9, 2012.

Plaintiff

B applied for a seizure and collection order on March 14, 2012 upon request for a seizure and collection order on the title of execution (Seoul Eastern District Court Decision 2011Gadan19820) against the Defendant of Pakistan, which was based on the title of execution (Seoul East District Court Decision 201Gadan19820), against the Defendant of Pakistan, the Suwon District Court issued a seizure and collection order on March 14, 2012. The above seizure and collection order were served on the Defendant on March 19, 2012.

On March 22, 2012, the Plaintiffs filed an application with the Suwon District Court for an assignment order of KRW 74 million ( KRW 33 million in case of Plaintiff A, KRW 41 million in case of Plaintiff B) from among the instant construction cost against the Defendant in Pakistan, which was issued on March 22, 2012. The assignment order was completely issued on March 22, 2012, and was served on the Defendant’s side on March 28, 2012, and the assignment order became final and conclusive as is.

On July 1, 2011, the Defendant obtained the rehabilitation plan approval order as Seoul Central District Court 2010 Ma151, and the Defendant’s obligation to pay the instant construction price to Pakistan is KRW 105,844,808,000,000,000,000, excluding the principal amount of KRW 18,88,000,000,000,000,000,000 won and interest accrued after commencement of the rehabilitation plan.

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