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(영문) 서울서부지방법원 2016.09.01 2015가합3723
추심금
Text

1. The Defendant’s KRW 372,773,972 as well as 5% per annum from November 4, 2015 to September 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant (former: a member of the National Assembly, an incorporated foundation), around September 16, 201, is MSDP Co., Ltd. (hereinafter “MSDP”).

(ii) With respect to the construction period for the production and installation works of the Yeong-gun, Hongsung-gun, Hongsung-gun, 131-11, the first floor above the ground of the main hall in the Hongsan Park, and the separately from September 23, 2011, the construction period shall be 45 days from September 23, 201, and the construction amount shall be 630 million won (excluding value-added tax; hereinafter the same shall apply).

(2) On October 201, 201, the Defendant entered into an additional construction agreement with MDP on October 201, 201 with the content that: (a) payment of the remaining KRW 480 million shall be made within 45 days after the completion of the construction; and (b) payment of KRW 62 million for the third stage portion on October 25, 201; and (c) payment of KRW 480 million for the third stage portion on the completion date; and (b) payment of the remaining KRW 480 million for the construction work; and (c) the Defendant entered into an additional construction agreement with MDP on October 201, 201, with the content that the additional construction works for the production and installation of the 1st floor in the Hongsan Park, SDP, with the terms of KRW 62 million for the contract amount.

("the instant construction work" in total, including the foregoing interior works, the production and installation works of an interior team and additional construction works);

B. On January 25, 2013, the Plaintiff filed a claim for loans against IMDP, which was sentenced by the Seoul Central District Court 2012Gahap86302, and rendered a judgment on January 25, 2013 that “IMDP shall pay to the Plaintiff 350,000,000 won, as well as 5% per annum from October 15, 2012 to November 8, 2012, and 25% per annum from the next day to the date of full payment.”

The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6 evidence, Eul evidence 10, the purport of the whole pleadings

2. Judgment on the plaintiff's claim against the defendant

A. According to the purport of Gap’s evidence No. 1 and the entire pleadings as to the cause of the claim, the Plaintiff, based on the above judgment on February 6, 2013, serves as the debtor as the defendant MSDP and the third obligor.

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