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(영문) 인천지방법원 2016.08.12 2016가단204324

추심금

Text

1. The Defendant’s KRW 109,457,683 as well as the Plaintiff’s annual rate from January 13, 2016 to February 17, 2016, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff had a loan claim amounting to KRW 285 million based on the No. 122 of the No. 122 of the No. 2015 No. 122 of the No. 2015 of the No. 125 of the No. 2015 of the No. 12000,

B. On November 19, 2014, the period of construction set at KRW 3.139 billion (excluding value-added tax) as the price for landscaping planting construction among the new apartment construction works in Ulsan-dong, Ulsan-dong, Ulsan-dong, Ulsan-gu, 661-25, and was subcontracted on November 21, 2014 to December 31, 2015, and completed the said construction work on December 2015.

C. On January 7, 2016, the Plaintiff: (a) obtained a seizure and collection order (hereinafter “instant collection order”) as to KRW 285 million among the above subcontract price claim (excluding wages prohibited from seizure under Article 88 of the Framework Act on the Construction Industry) against the Defendant by using the executory exemplification of the notarial deed as the executory title; and (b) the order was served on the Defendant around 11:37, 2016.

At least 123,779,683 won of the subcontract price claim against the Defendant at least when the instant payment order was served on the Defendant, but the Defendant paid KRW 14,322,000 to the Plaintiff on February 18, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 7-10, and the purport of the body before oral argument

2. Unless there are special circumstances to determine, the Defendant is obligated to pay to the Plaintiff, the collection obligee, 109,457,683 won (=123,79,683 won-14,32,00 won) and damages for delay at each rate of 15% per annum as stipulated in the Civil Act from January 13, 2016 to February 17, 2016, which is apparent in the record that it is the delivery date of a copy of the complaint of this case, from January 13, 2016 to February 17, 2016.

For this, the defendant around January 2016.