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(영문) 창원지방법원진주지원 2015.01.21 2014가합10956

청구이의

Text

1. No. 74 of the deed No. 2014, No. 74 of the defendant's authentication against B Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff’s subcontract and direct payment agreement 1) B Co., Ltd. (hereinafter “B”).

(2) On February 27, 2014, the Korea Highway Corporation awarded a contract for the electrical construction for the improvement of facilities under the old age of a tunnel (IIj) with the contract amount of KRW 1,533,045,00, and the contract period from March 3, 2014 to June 30, 2014. Around that time, the Plaintiff awarded a subcontract for part of the said construction to the Plaintiff at KRW 538,00,000. (2) The Plaintiff, B, and the Korea Expressway Corporation agreed to pay directly a subcontract price corresponding to the portion constructed by the Plaintiff to the Plaintiff pursuant to Article 35(2) of the Framework Act on the Construction Industry.

3) After that, the contract amount between B and the Korea Expressway was changed to KRW 667,168,156, and the subcontract amount between B and B was changed to KRW 591,459,00,00. On June 20, 2014, the Plaintiff, B and the Korea Expressway Corporation agreed to pay the Plaintiff directly to the Plaintiff pursuant to Article 35(2) of the Framework Act on the Construction Industry for the subcontract price corresponding to the portion constructed by the Plaintiff executed by the Plaintiff. (B) Cultural Electricity Co., Ltd. (1) made a provisional attachment against the Korea Expressway Corporation at KRW 69,30,000 with the claim amount as 20,39,300,000 in this Court. The provisional attachment decision reached the Korea Expressway Corporation on March 28, 2014.

2) To receive unpaid insurance premiums of KRW 14,602,220 from B, the Health Insurance Corporation seized B’s claim for construction price against the Korea Highway Corporation. The aforementioned decision of seizure reached the Korea Highway Corporation on June 12, 2014. (c) A’s preparation of notarial deeds and the Defendant’s seizure and collection order was around May 2014, the notarial deeds of debt repayment contract (hereinafter “instant notarial deeds”).

A. Based on the instant notarial deed, the Defendant prepared and ordered the notarial deed of this case on May 15, 2014 by this Court No. 2014TT2347.