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(영문) 서울고등법원 2016.10.21 2015나2067954
추심금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Determination as to the cause of claim

(a) The following facts are either in dispute between the parties or acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence 1 to 4, Eul evidence 8 (including each number, if any, hereinafter the same shall apply) and Eul evidence 1:

1) Dongjak-gu Seoul Metropolitan Government Office of Education (hereinafter referred to as the “Dongdong Office of Education”).

(2) On May 28, 2013, 2013, the Defendant ordered the Defendant to perform construction works for the construction works for the construction works for the complex facilities of Seoul Southern Elementary School. On May 28, 2013, the part of the contracted construction works for the construction of the building works for the building works for the building works for the building works

) A subcontract was subcontracted in KRW 1,230,000 to the 1,230,000 (hereinafter “instant subcontract”) and the subcontracted construction work is “the instant construction work.”

(2) On August 2, 2013, the Plaintiff filed an application for provisional seizure of the claim against the debtor, “Defendant,” “Defendant,” “Defendant,” and “the amount of seized claim against the Defendant of the same Construction up to the claim amount out of the instant claim for construction cost.”

On the 16th of the same month, the court accepted the plaintiff's application for provisional attachment (Seoul Southern District Court 2013Kadan70917, hereinafter "the provisional attachment of this case"), and on the 21st of the same month, the provisional attachment decision of this case was served on the defendant.

3) Since then, the Plaintiff filed a lawsuit against the construction of the Eastern, and on November 29, 2013, the court rendered a judgment that “Dong Construction shall pay to the Plaintiff KRW 139,213,101 and delay damages therefrom” (Seoul Southern District Court 2013Gahap105244, based on the original copy of the judgment above with executory power, the Plaintiff filed an application for a seizure and collection order, which transferred the existing provisional attachment to the provisional attachment on January 3, 2014, and accordingly, the Plaintiff filed an application.

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