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(영문) 부산지방법원 2015.12.24 2015가단29431
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 2, 2015, the Plaintiff received a collection order and attachment of the claim amounting to KRW 21,450,302 from the Busan District Court 2014Kadan101602, against the Busan District Court 2014da101602, with respect to the claim for construction cost against the Defendants by the NANF, against the Defendants, on April 2, 2015.

B. On April 2015, ENF had a claim for the construction cost of KRW 200,724,187 against the Defendants (i.e., the principal interest of KRW 196,514,079 in interest of KRW 4,210,108) (hereinafter “instant claim for the construction cost”).

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the facts established prior to the determination of the cause of the claim, the Defendants are obligated to pay the collection amount of KRW 21,450,302 to the Plaintiff, the collection obligee, and the delay damages, unless there are special circumstances.

B. The Defendants asserted that all claims for the construction price of this case for which the Plaintiff received a collection order had been extinguished, and therefore, according to the evidence evidence Nos. 1, 2, and 3, the Defendants asserted that the claims for the construction price of this case were extinguished, the following facts are acknowledged: (a) the creditors, including the Plaintiff’s claims for the construction price of this case, and the provisional seizure of the Plaintiff’s claim amounting to KRW 17,051,89 on December 16, 2013 and the Plaintiff’s new industry’s provisional seizure and collection order issued until April 23, 2015; (b) the seizure conflicts upon the provisional seizure and seizure and collection order issued by the creditors; and (c) the Defendant Dae Construction Industry Co., Ltd. deposited the entire execution amount of the principal and interest of the construction price of this case with Busan District Court Decision 2015 No. 3637 on April

Therefore, the Defendants exempted the Plaintiff from the obligation to pay the instant construction cost.

Therefore, the above argument of the defendants is justified.

3. Thus, the plaintiff's claim against the defendants is dismissed in its entirety as there is no ground. It is so decided as per Disposition.

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