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(영문) 광주지방법원 2020.02.13 2019가단516277

임가공대금

Text

1. The Defendant’s KRW 14,625,502 as well as 5% per annum from January 25, 2019 to February 13, 2020 to the Plaintiff.

Reasons

1. As to the cause of the claim, the Plaintiff produced and supplied the Defendant with the tools, etc. to be used in the C apartment main household construction. The value of the goods the Plaintiff supplied to the Defendant from September 30, 2018 to January 10, 2019, including the value-added tax, is KRW 206,914,97, including the value-added tax, and the Defendant paid KRW 174,823,140, out of the processed amount. There is no dispute between the parties.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the processing price of KRW 32,091,837 (i.e., KRW 206,914,977 - KRW 174,823,140 (hereinafter “instant processing price”) and damages for delay.

2. Judgment on the defendant's assertion

A. 1) First of all, the defendant asserts that D's provisional attachment claim amount of KRW 25,420,624 out of the total amount of the loan processing price in this case was provisionally seized by Incheon District Court 2018Kadan10603, and that it cannot respond to the plaintiff's claim. The garnishee of the decision of provisional attachment of claim No. 2018Kadan106033, Incheon District Court 2018 is a company Eul and is separate from the defendant, and even if the provisional attachment obligor was subject to provisional attachment against his own claim, it is not prohibited from obtaining the title of execution by filing a performance suit against the third debtor, and therefore, the defendant's claim is without merit. The defendant's claim is without merit since F's corporate branch court of Incheon District Court 2019Ma781, which is 32,708,945 won out of the loan processing price in this case, and the defendant's claim for provisional attachment and collection order of G's own claim is without merit.

B. The defendant related to the warranty bond shall be the defendant.