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(영문) 서울남부지방법원 2019.02.15 2018가단253806
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 53,60,000 and the interest rate of KRW 15% per annum from October 11, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in “other construction business” under the trade name of “C,” and the Defendant is a company engaged in construction business, etc.

B. On March 30, 2017, the Plaintiff entered into a subcontract (wages) agreement with the Defendant to enter into between the Defendant and the period from April 1, 2017 to July 31, 2017 (hereinafter “instant contract for construction”) under which the type of mold construction work among DD’s reinforced concrete construction work amounting to 365,40,000 won, and the period from April 1, 2017 to July 31, 2017, and completed the instant construction work.

In this regard, from April 6, 2017 to September 28, 2017, the Defendant paid to the Plaintiff KRW 316,80,000,00 in total, on six occasions.

C. On August 13, 2018, the Plaintiff filed an application for provisional attachment against the claim amounting to KRW 83,600,000 with respect to the claim that the Defendant, as the Seoul Eastern District Court Decision 2018Kadan52119, against the claim that the Defendant, who is the garnishee, was a third debtor, for provisional attachment against the claim amounting to KRW 83,60,000. On August 28, 2018

The above claimed amount of KRW 83,600,000 shall be the sum of KRW 48,600,000 ( KRW 365,400,000 - KRW 316,800,000) and the additional construction cost, which is 35,00,000,000, which is the rental fee for the non-way safety launch plate and the construction cost for the molding mold as asserted by the Plaintiff.

Then, the Plaintiff, in consultation with the Defendant on August 31, 2018, submitted an application for withdrawal of the application and cancellation of enforcement with respect to the provisional seizure against the above claim. At that time, the Defendant paid KRW 30,000,000 to the Plaintiff. In addition, the Plaintiff deposited KRW 30,000,000 out of the construction cost of the instant case on August 31, 2018, and the remainder of KRW 53,60,000,000 until September 7, 2018 (hereinafter “the instant loan certificate”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, 2, Gap evidence 6, 7, Eul evidence 7, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant’s KRW 53,600,000 relating to the instant construction project on September 7, 2018.

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