(영문) 수원지방법원안산지원 2017.06.08 2016가합1110

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(영문) 수원지방법원안산지원 2017.06.08 2016가합1110

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed an application for a payment order with respect to the non-Ttivi Construction Group Co., Ltd. for the payment of KRW 185,500,000 and its delay damages, and the payment order with respect to demand procedure costs, as the case of construction cost payment in Suwon District Court 2015,582.

On August 25, 2015, the above court issued a payment order with the same content, and the payment order was served on August 31, 2015 on the non-Tti Construction Group.

The payment order was finalized on September 15, 2015 because the non-Ttivi Construction Group did not object to the above payment order.

(hereinafter referred to as "a final and conclusive payment order". B.

On June 8, 2016, the Plaintiff filed an application for attachment and collection order with the non- Telecommunication Construction Group to seize the claim amount of KRW 214,125,861 out of the claim amount of the construction cost to be paid by the non- Telecommunication Construction Group under the contract for the development project of the non-Titaland located in Chuncheon-si from the Defendant against the Defendant (the debtor non-TTF Group 214,126,861 won until it reaches the claim amount of KRW 214,125,861 from the claim amount of the construction cost to be paid by the non-TF Group from the Defendant of the third party) with the title to the instant payment order of KRW 28,517,761 won (i.e., the principal amount of KRW 185,50,000,000 x 20% x 281/365).

On June 9, 2016, the court issued a collection order for the same content.

(hereinafter “instant claim seizure and collection order”). The instant claim seizure and collection order were served on June 10, 2016 to the Defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, and substantial facts to this court

2. Determination

A. The plaintiff asserts that the defendant should pay to the plaintiff the collection amount of KRW 214,125,861 and delay damages for the collection, based on the collection order and the seizure and collection order of this case.

As to this, the defendant, the non-TTB Construction Group, in writing, shall be the non-Titaland (Liart) located in Chuncheon City.

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