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(영문) 광주지방법원 2014.09.16 2014가단2636

추심금

Text

1. The Defendant’s KRW 43,300,50 for the Plaintiff and KRW 5% per annum from January 23, 2014 to September 16, 2014.

Reasons

1. Basic facts

A. On May 24, 201, the Defendant entered into a contract with B (the representative C; hereinafter “B”) to supply and demand the construction design of the D Apartment Construction Corporation (hereinafter “instant construction”) in Yong-Namnam-gun (hereinafter “instant construction”) from May 30, 201 to November 30, 2013; and 48 million won (20%) from the service cost to the time of receipt of authorization and permission; and 96 million won (40%) from the time of completion of authorization and implementation; and 24 million won (1 million won) from the time of completion of usage inspection (hereinafter “instant contract”).

B. After that, on June 11, 2013, the Defendant prepared a letter of performance with B as to the increase in the service cost of the instant contract in KRW 60 million, including the total floor area of 140 square meters) to be newly built in the vicinity of the main entrance to the site, and the design and authorization cost of the instant contract, which is to be newly built in the vicinity of the main entrance to the site.

C. On August 2, 2013, the Plaintiff: (a) received a collection order for the amount up to the claim amount among the design service claims that B had against the Defendant as the Gwangju District Court 2013TTTT12913, using the claim amount as KRW 48,255,210; and (b) received the seizure and collection order for the amount up to the claim amount; and (c) the seizure and collection order for the instant claim was served on the Defendant on August 5, 2013.

On January 10, 2014, the Plaintiff sent to the Defendant a content-certified mail demanding the payment of the collection amount according to the instant claim seizure and collection order, and reached the Defendant around that time.

E. The registration of ownership preservation was completed in the name of the defendant on January 27, 2014 by each household, following a pre-use inspection.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, entry of Eul 1 and 2 evidence, witness C's testimony, purport of whole pleading

2. According to the above facts of recognition as to the cause of the claim, the defendant shall make the collection amount to the plaintiff, unless there are special circumstances.