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(영문) 수원지방법원 2019.04.02 2018가단6675

대위변제금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence 1 to 6, Eul evidence 1 to 10, and the purport of all pleadings.

① The Plaintiff had 278,300,000 won (i.e., KRW 228,800,000) and damages for delay as indicated below with two air conditioners, electric heat exchanges, and ventilation system installation works subcontracted from D Co., Ltd. (hereinafter “D”) as listed below and completed the construction work.

(2) From September 18, 2012 to February 20, 2013, the Plaintiff received a payment order with 228,800,000 won per annum from July 19, 2012 to February 20, 2013, with respect to the construction cost for the construction site E New Construction site E., (2) from September 18, 2012 to February 28, 2013, the Plaintiff applied for a payment order with 49,50,000 won per annum from 200% to 200,000 won per annum from the day following the delivery date of the original payment order to the day of complete payment; (3) from September 18, 2012 to February 28, 2013, the Plaintiff applied for the payment order with 200,000 won per annum from the date of serving the original payment order to the day of complete payment; and (4) from 2013,2013.

③ On August 9, 2013, the Plaintiff filed an application for compulsory auction of real estate with NA apartment I, Jho, K, L, and Mho (hereinafter collectively referred to as “H apartment five households”) on three lots outside Yangcheon-gu Seoul, Yangcheon-gu, Seoul, and the Seoul Southern District Court N in Seoul, and was ordered to commence compulsory auction of real estate on August 12, 2013, with the claimed amount of KRW 234,563,793.

④ The Plaintiff filed an application for compulsory auction of real estate as above in Seoul Southern District Court Nreal estate compulsory auction.