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(영문) 인천지방법원부천지원 2015.09.24 2014가단49816
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 13, 2013, the crowdfunding Co., Ltd. (hereinafter “Nonindicted Company”) concluded a subcontract (hereinafter “instant subcontract”) with the Defendant on the following content: (a) the Defendant agreed to perform the Changho Construction among D New Construction Works in Yeonsu-gu Incheon (hereinafter “instant Construction Works”); and (b) the Defendant entered into a contract with the Defendant:

A construction period: The contract amount of February 18, 2014 as of June 13, 2013 as of November 30, 2013 as of the first completion of the second completion of the second completion of the construction on November 30, 2013 ( Hotel B Tools): advance payment of value of KRW 2,593,80,000, value of KRW 2,358,000,000, value-added tax of KRW 235,800,000: 6% of the contract amount: Cash of KRW 150,00,000: Within 30 days from the date of receipt of the object: 10% of the contract amount;

B. After that, on February 27, 2014, the non-party company entered into a modified contract with the Defendant on the construction of the instant construction (hereinafter “instant modification contract”) with respect to the construction of the CL. Ch. Crokes during the instant construction (hereinafter “instant modification contract”).

Value-added tax of KRW 1,200,000,000 for the contract price on July 31, 2014 (Change) as of November 30, 2013 (Change) and on July 31, 2014; KRW 1,090,909,09,090 for the construction period;

C. Around 2014, the Defendant completed the said new construction work.

Based on the enforcement order of the goods payment case against the non-party company, Seoul Southern District Court 2014j 11937, the Plaintiff filed a claim amounting to KRW 98,433,806 out of the claim amount for construction cost against the non-party company and the third debtor, and the non-party company filed a claim amounting to KRW 98,43,806 out of the claim amount for construction cost for the construction work, such as D site, which was executed by the non-party company under a subcontract from the defendant, and filed an application for the attachment and collection order of the claim with the Seoul Southern District Court 2014TTB1

(hereinafter referred to as "the collection order of this case"). E.

The collection order of this case was served on or around August 29, 2014 on the defendant.

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

2. The assertion and judgment

A. The plaintiff asserts that it is in accordance with the amendment contract of this case.

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