beta
(영문) 서울고등법원 2019.04.05 2018나2058937

추심금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 136,065,00 as well as to the plaintiff on May 2018.

Reasons

1. Facts of recognition;

A. 1) The Defendant is a “regional housing association” under the Housing Act authorized as prescribed by the Housing Act in order to implement a housing construction project as a project site in order to implement a housing construction project, and is a stock company C on April 1, 2015 (hereinafter “C”) (hereinafter “C”).

) The term “services service activities, such as advertising production and advertising agency services, related to the recruitment of members (sale of multi-family housing to be constructed) of the above project executed by the Defendant” is an advertising agency contract under which the contract amount is KRW 460 million (excluding value-added tax) and the contract period from April 1, 2015 to the completion of sale, respectively, is determined as the contract for each contract (hereinafter “instant advertising agency contract”).

2) After the conclusion of the instant advertising agency contract, C completed all of the services under the instant advertising agency contract (the time at which the completion of the said services is unclear), and the Defendant paid C the total amount of KRW 369,935,000 in nine times from April 2, 2015 to September 8, 2015.

B. 1) C, such as a collection order, etc. on the Plaintiff’s above service payment claim, performed the service pursuant to the instant advertising agency contract by entering into a subcontract to the Plaintiff (C is not clear whether the scope of the service subcontracted to the Plaintiff is either a service under the instant advertising agency contract or a part thereof.

() As the Plaintiff did not pay KRW 181,016,550 in total for the service duties performed from April 2015 to July 2015, the Plaintiff filed an application for a payment order against C with the Seoul Western District Court for the payment of “181,016,550 won in total and damages for delay” under the Seoul Western District Court Decision 2017Hu15842. The said court issued a payment order as of March 31, 2017, and the said payment order became final and conclusive as of April 21, 2017. Meanwhile, the Plaintiff’s application for the above payment order was to preserve the execution of the above service claim against C prior to the application for the payment order.

참조조문