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(영문) 대전지방법원 2015.08.27 2015가단6767
공사대금 중 부당한 지체상금의 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 23, 2010, the Plaintiff entered into a contract between the Plaintiff and the Defendant (hereinafter “instant construction”).

(2) The Plaintiff and the Defendant changed the construction cost to KRW 1,344,032,00, and the construction period from December 29, 2010 to November 28, 2011; (3) thereafter, the Plaintiff and the Defendant changed the construction cost to KRW 1,39,690 on March 16, 201; and (4) December 19, 201; (2) changed the construction cost to KRW 1,423,489,00 on January 2, 2012; and (3) changed the construction cost to KRW 1,451,830,00 on March 18, 2012; and (4) changed the construction payment period to KRW 1,451,830,00 on March 18, 2012; and (3) changed the construction cost to the final construction cost on March 18, 2012; and (4) made an agreement on March 29, 201207

B. On July 7, 2011, the non-party company (hereinafter “non-party company”) issued a seizure and assignment order of 800,000,000 won among “the construction cost of A-New Construction that the Plaintiff owns against the Defendant (hereinafter “the construction cost of the instant case”),” and “the first assignment order of the Daejeon District Court Branch of 2011TTTTT1673; hereinafter “the first assignment order”).

(2) On June 8, 2011, before the issuance of the above attachment and the first assignment order, the non-party company received a seizure and collection order (No. 201TTT 2345) as to KRW 362,941,58 out of the claim for the construction payment of this case. On August 29, 2011, the non-party company received an assignment order (hereinafter “the second assignment order”) again as to KRW 800,00,000 among the construction payment of this case, and was served on the defendant on November 28, 2011.

C. 1) The Defendant paid the construction cost as indicated below (the construction cost as indicated in the instant table).

record of the date of payment.

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