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(영문) 서울중앙지방법원 2019.07.17 2018가합555992

추심금

Text

1. The Plaintiff, Defendant B Co., Ltd., and Defendant C Co., Ltd., 327,961,309 won and each of the above amounts.

Reasons

1. Basic facts

A. On May 17, 2017, Defendant B entered into a construction contract with D Co., Ltd. (hereinafter “D”) stipulating that “price: 44,55,500,000 won (including value-added tax; hereinafter the same shall apply) shall be determined as “price: 44,55,500,000 won (including value-added tax; hereinafter the same shall apply); and the period: From June 20, 2017 to August 30, 2019; and entered into a new contract with D Co., Ltd. (hereinafter “G”) with respect to the instant new construction project as “price: D10,782,431,00 won (24.2%); 37,737,069,00 won (hereinafter the “instant new construction project”); and entered into a new construction agreement with G Co., Ltd. (hereinafter “D”) for the period from the date of completion of the new construction project.”

B. On August 1, 2017, Defendant C entered into a construction contract with respect to the construction of the I building on the H and four parcels of land (hereinafter “instant I new construction project”): “Price: 28,270,000,000, and the period: From September 1, 2017 to October 31, 2019, the construction contract was entered into between D and G for the instant new construction project.” The price for the instant new construction project was KRW 7,067,50,000 (25%); G: 21,202,50,000,000 (75%) and 25 months from the date of commencement of the completion of the construction project; and Defendant C entered into an amendment to the instant I contract with respect to the instant new construction project.”

C. Meanwhile, from June 2017 to November 1, 201, Defendant B and D drafted a written statement of direct payment of subcontract price with Defendant B to pay the subcontractor directly. Defendant C and D drafted a written statement of direct payment of subcontract price with the subcontractor from October 2017 to March 2018 that Defendant C and D would pay the construction price directly to the subcontractor.

(hereinafter referred to as "each of the above direct non-compliances in this case") D.

The plaintiff against D is the Seoul Central District Court 2017Gahap578608.