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(영문) 의정부지방법원 2015.01.16 2014가합2188

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 206,558,540 as well as 20% per annum from November 25, 2014 to the date of full payment.

Reasons

1. Indication of claim;

A. On March 30, 2011, the Plaintiff and the Defendant entered into a contract for machinery facilities and construction with the content that the Plaintiff was manufactured and supplied in KRW 1,268,00,00 (excluding value-added tax) with the Defendant, and paid the full amount of the supply price to the Defendant on the same day.

B. A entered into a subcontract with the Defendant regarding the supply of the above goods and supplied the said goods. As a result, upon the Defendant’s failure to receive the price for the goods under the said subcontract, A claimed the price for the said goods to the Plaintiff. On July 15, 2011, the Plaintiff’s claim against Dong Construction Co., Ltd. was seized KRW 206,558,540, and appropriated it for the payment of the price for the goods

C. Ultimately, the Plaintiff subrogated to the Plaintiff for the amount of KRW 206,558,540. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 206,558,540 as well as damages for delay at the rate of 20% per annum from November 25, 2014 to the date of full payment, which is the day following the day when the duplicate of the instant complaint was served on the Defendant.

2. Article 208 (3) 1, and Article 257 (1) of the Civil Procedure Act of the applicable Act;