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(영문) 서울남부지방법원 2014.12.18 2014나9576
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. (1) On August 24, 2010, the Defendant awarded a contract for the construction of the Bags Integrated Construction Co., Ltd. (hereinafter referred to as the “Bags”) on the part of the parties to the instant construction project, namely, Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant construction project”).

B. From December 1, 2010 to January 30, 2011, the Plaintiff sent 4,500,000 won out of the wage of 11,580,000 won to the instant construction site at the request of an clinic, and the Plaintiff was not paid 5,080,000 won on June 15, 201.

B. (i) On June 27, 2012, the Plaintiff was issued a provisional attachment decision (U.S. District Court Decision 2012Kadan3161) regarding the claim, such as the payment of the construction cost, against the Defendant of the Bags, with the claim for the wage claim against the Bags (5,080,000 won) against the Bags as the claim claim, and the said provisional attachment decision was served on the Defendant on July 3, 2012.

B. On July 23, 2012, the Plaintiff filed a lawsuit on the claim, including wage, against the volatiles (U.S. District Court Branch No. 2012Gau39923). On August 16, 2012, the said court rendered a decision on performance recommendation to the Plaintiff to pay KRW 5,080,000 to the Plaintiff, and the said decision on performance recommendation was finalized on October 19, 2012.

Article 22(1) of the Criminal Procedure Act provides that “The Plaintiff shall obtain the attachment and collection order (U.S. 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 Office

C. As a result of the lawsuit between the Defendant and the clinic, on the other hand, the Defendant filed a lawsuit against the clinic for delay, etc. due to the delay of the construction of the instant case.

(Seoul Southern District Court 201Gahap23529). The above court held on January 29, 2013 that the Bags paid 180,110,930 won for delay to the defendant and damages for delay.

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