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(영문) 수원지방법원 평택지원 2017.01.12 2015가단48172
추심금
Text

1. The Defendant: (a) KRW 8,162,159 to Plaintiff A; (b) KRW 11,207,155 to Plaintiff B; (c) KRW 10,125,637 to Plaintiff C; and (d) Plaintiff C.

Reasons

1. Basic facts

A. On June 19, 2015, the Plaintiffs filed an application for a provisional seizure and collection order against the environment and nature of the company (hereinafter “non-party company”) to transfer the provisional seizure to the original seizure under this court 2015TTT 3617, based on this court’s order for payment order (hereinafter “non-party company”) and received the above collection order from the court on June 19, 2015, “The claims under this court’s order for provisional seizure against the claims (as of April 16, 2015) between the Plaintiff and the non-party company (as of April 2015, this Court’s order for provisional seizure against the claims (as of April 16, 2014, the Defendant’s claim for the construction price payable to the non-party company according to the contract for construction of medical waste incineration facilities for Defendant Yanan Factory, the provisional seizure against the non-party company will be transferred to the original seizure, and the remainder of the claims, 2,904,138 won shall be seized.”

B. The claim amount under the instant order of seizure and collection is KRW 84,89,770. The claim amount by Plaintiff is KRW 13,277,99, Plaintiff B 18,231,523, Plaintiff C16,472,135, Plaintiff D13,876,749, Plaintiff E11,713,616, and Plaintiff F 11,327,748.

C. On April 16, 2014, Nonparty Company entered into a construction contract with the Defendant on the construction cost of installation of medical waste incineration facilities at KRW 968,00,000 with respect to the Defendant’s astronomical factory (hereinafter “instant construction contract”) and completed the said construction work around November 24, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant, barring special circumstances, was the amount of claim according to the order of seizure and collection of the claim in this case, namely, the amount of KRW 13,277,99 against the plaintiff A, KRW 18,231,523 against the plaintiff B, KRW 16,472,135 to the plaintiff C, KRW 13,876,749 to the plaintiff D, KRW 11,713,616 to the plaintiff E, and KRW 11,327,748 to the plaintiff F, and KRW 11,328 to the plaintiff F.

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