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(영문) 수원지방법원평택지원 2015.07.03 2014가단14653
전부금
Text

1. The Defendant shall pay 85,610,000 won to the Plaintiff and 20% per annum from September 30, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On December 27, 2011, Bori Construction Co., Ltd. (hereinafter referred to as “ Bori Construction”) entered into a contract with Defendant Land Construction Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) on a condition that the Defendant Co., Ltd. will receive a subcontract for reinforced concrete construction among the new construction works ordered by the East Sea National Maritime Police Agency by the period of KRW 1,518,00,000, and the period of August 5, 2012, with respect to Bori Construction Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”).

After August 2012, the above contract for reinforced concrete construction was amended to October 2, 2012 by the price of KRW 1,005,400,000 for the above contract for reinforced concrete construction, and by the period of October 2, 2012, the above contract for the soil construction was amended to the price of KRW 524,70,000 for the above contract and the period of February 28, 2013.

(hereinafter the above reinforced concrete construction contract and soil construction contract are referred to as "each of the instant construction contracts". B

The Plaintiff based on the original copy of an order of payment with executory force in the Suwon District Court Decision 2012j2571 Equipment Rental Fee Case for Bori Construction, and filed an application for the attachment and assignment order for KRW 85,610,000 among the claim for each of the instant construction price in which Bori Construction had against the Defendant Company, with the amount claimed as KRW 85,610,000 with the Incheon District Court 201TTTTT3292, and the said court issued the attachment and assignment order for the claim (hereinafter “instant assignment order”) on February 4, 2013. On February 6, 2013, the instant assignment order was served on the Defendant Company and became final and conclusive on July 19, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 3, 5, and 6 (including each number), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the full amount of KRW 85,610,000 and the amount equivalent to 20% per annum from September 30, 2014 to the day of full payment, as the Plaintiff seeks.

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