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(영문) 서울중앙지방법원 2015.11.06 2014가합589584
추심금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2011, Korea-Japan Construction Co., Ltd. (hereinafter “Korea-Japan Construction Co., Ltd.”) subcontracted the part of the cost of the construction of the mechanical facilities from among the “one-time Handong-dong Handong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-based Complex Construction Works” to the construction period from April 15, 201 to November 30, 2012.

(hereinafter “instant subcontract”). (b)

On April 30, 2012, the Defendant entered into a guarantee agreement for payment of subcontract consideration (hereinafter “instant guarantee agreement”) between Korea and Japan for the guaranteed amount and the guarantee period from April 15, 201 to November 30, 2012.

C. The Plaintiff supplied piping materials, etc. to static machinery equipment from April 6, 2011 to June 14, 2013.

However, due to the failure to pay the cost of supplying materials equivalent to KRW 45,44,129, the Plaintiff filed an application for the payment order (Seoul Northern District Court 2013j. 19540) against the static machinery and equipment to pay the cost of supplying materials and damages for delay, the payment order was issued on August 26, 2013, and it was finalized on September 24, 2013.

The Plaintiff, under the title of the above payment order, issued a seizure and collection order (hereinafter “instant collection order”) from the above court on October 21, 2013, by requesting the seizure and collection order of KRW 455,44,129 among the claims against the Defendant of refined machinery and equipment (hereinafter “claims to the instant deposit”) as the Seoul Central District Court 2013TTTT33183, and around that time, issued the instant collection order to the Defendant, the garnishee.

E. On the other hand, on February 28, 2013, the Seoul Central District Court rendered a decision to commence rehabilitation procedures by 2013 Gohap34 with respect to Hanil Construction.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 3, 4-4, Eul's evidence 1 and 2, and the purport of the whole pleadings

2. The primary description;

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