공사대금 등 지급청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion holds bonds equivalent to KRW 72,796,677 based on the payment order finalized against C.
C In carrying out the “new construction works for multi-households” on the ground of the land, such as the Chungcheongnam-gun, Chungcheongnam-gun, etc. (hereinafter “instant construction works”), C has a claim for the construction cost equivalent to KRW 350 million against the Defendant, but currently insolvent C has not exercised its rights.
Therefore, the plaintiff, as a creditor of C, seek payment of the amount stated in the claim against the defendant, who is the third debtor, by subrogation of C.
2. Determination:
A. 1) On December 13, 2013, the Plaintiff received the payment order (hereinafter “instant payment order”) from Cheongju District Court, Youngcheon-gun District Court 2013j339 (hereinafter “instant payment order”) from Cheongcheon-gun District Court for C, and the said payment order was finalized on January 9, 2014.
B) The contents of the instant payment order are as follows. The obligor (C) shall pay to the obligee (Plaintiff) KRW 47,823,100 and KRW 34,817,50 with 25% per annum from September 5, 2013 to the date of complete payment, 25% per annum for KRW 6,713,300 per annum from September 16, 2013 to the date of complete payment, 25% per annum for KRW 45,000 per annum from September 16, 2013 to the date of complete payment, 25% per annum from October 16, 2013 to the date of complete payment, 2,293,100 per annum for KRW 25% per annum,3,954,200 per annum from the day following the date of complete payment, to the date of complete payment (hereinafter “instant payment order”) and E-E (20% per annum and per annum for the E-E (20%).
Around November 2012, F, the owner of the instant construction project, contracted the instant construction project with the construction cost of KRW 2.19 billion, and thereafter performed the instant construction project from around that time. (B) On April 2, 2013, E subcontracted the part of the retaining wall construction among the instant construction to C.
3 E’s waiver of the construction work of this case and the renewal of the construction work of this case by the Defendant to F around September 10, 2013.