추심금
1. The Defendant’s KRW 70,150,00 for the Plaintiff and 5% per annum from November 12, 2016 to January 17, 2017.
1. Facts of recognition;
A. On December 24, 2012, the Defendant entered into a contract with the Gyeonggi-gun E and the supply value of KRW 1.5 billion to contract for the new construction of multi-households on the land (hereinafter “instant contract”).
In addition, C entered into a contract with F and G to subcontract reinforced concrete construction (hereinafter “instant construction”) among the aforementioned multi-household construction works (hereinafter “instant subcontract”).
B. F and G commenced the instant construction, but failed to receive construction cost from C according to the progress of the construction project, and the instant construction was suspended. On May 8, 2013, the Defendant and the Defendant drafted a letter of undertaking on how to pay the instant construction cost (hereinafter “instant letter of undertaking”) with the following content.
- The defendant who is the ordering person shall pay to G and F the beneficiary KRW 215,00,000 (excluding value-added tax) for the amount agreed upon for the instant construction project as follows:
If a beneficiary of a special agreement (contractor) delays the progress of construction for three days without justifiable reasons, the previous construction and all materials shall be waived when the beneficiary of a special agreement delays the progress of construction for three days, including KRW 25 million, KRW 50 million,000 after the completion of the construction of the pelto; KRW 50,000,000 after the completion of the construction of the pelto; KRW 50,000,000,000 after the completion of the construction of the pelto; and
C. F and G conducted the instant construction project that had been interrupted after preparing the instant undertaking, and completed the construction at the end of June 2013.
The Plaintiff filed an application with the Seoul Northern District Court for provisional attachment of claims against the obligor F, G, third obligor as the Defendant, F and G’s claim against the Defendant for provisional attachment of KRW 50 million (Seoul Northern District Court 2013Kadan5649), and the said court rendered a decision of acceptance on September 12, 2013.
In addition, the defendant was served with the original copy of the above decision on September 16, 2013.
E. The Plaintiff’s loans, etc. to the Seoul Northern District Court 2013Gahap7466, and the same case.