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(영문) 인천지방법원부천지원 2017.06.22 2016가단118563

전부금

Text

1. The Defendant’s KRW 16,276,047 for the Plaintiff and KRW 6% per annum from December 6, 2016 to June 22, 2017.

Reasons

1. Basic facts

A. On February 16, 2012, a company which has the right of redemption (hereinafter “the right of redemption”) concluded two subcontract agreements with the Defendant as follows (hereinafter “each of the instant subcontract agreements”) and was subcontracted by the Defendant for the construction of a steel framed.

(1) Construction name: The period of construction of light steel framed works from among the new construction works of high-tech high schools in Incheon Metropolitan City (tentative name) on February 16, 2012: the contract amount: 275,000,000 won (including value-added tax): 3%: the period of construction of light steel framed works from among the new construction works of high-tech high schools: the period of construction of high-tech high schools on February 16, 2012: 209,000 won (including value-added tax) : 3%.

B. Until March 19, 2013, the Defendant paid KRW 233,00,000 of the construction price of the High School and KRW 195,00,000 of the construction price of the High School under each of the instant subcontract agreements, as indicated below, on the ground that the right to claim for the redemption of a right to claim for the redemption of a right has been completed, and the construction under each of the instant subcontract was completed.

On July 27, 2012, 30,000,000 on August 30, 2012, 200,000 on August 30, 2012, 200 on September 30, 2012, 30,000,00 on September 30, 20, 200 on December 30, 2012, 30,000, 30,000 on November 30, 30,000, 38,000, 38,000,000 on March 30, 20, 300,000, 200, 2000, 200,000, 200,000, 200,000, 300, 300, 300, 3037, 3000;

B. The Plaintiff was issued a payment order (hereinafter “instant payment order”) from the above court on October 21, 2013, by filing an application with the Seoul Western District Court 2013 tea7118 against the right to claim payment of KRW 100,000,000 for the goods and delayed payment thereof, as the Plaintiff supplied light steel materials to the right to claim for the redemption of the right to claim for the payment of the said light steel materials, but failed to receive the payment thereof. The instant payment order was finalized on November 8, 2013.

C. Based on the instant payment order, the Plaintiff was issued with Seoul Western District Court 2016TTT8601.