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(영문) 인천지방법원 2015.09.04 2014가합2088
전부금
Text

1. The defendant receives KRW 474,441,764 from the non-surg Construction Co., Ltd., and simultaneously receives KRW 139,341 from the plaintiff.

Reasons

1. Basic facts

A. The Defendant concluded each of the following construction contracts with the non-satisf Co., Ltd. (hereinafter “non-satisf construction”).

1) On January 31, 2012, the construction contract was concluded for the construction work amounting to KRW 2,385,454,743 with respect to “top and soil removal work among the construction sections of the B apartment construction work” (hereinafter “B construction”) and the said construction contract is “B construction contract.”

(2) On October 19, 2012, “C Housing Site Development Project” concluded a construction contract of KRW 20,636,00,000 (including value-added tax) with respect to construction cost for earth and sand among the construction works for the C Housing Site Development Project (1-2 sections).

(hereinafter referred to as the “C Construction Contract,” and “C Construction Contract,” b.

On September 4, 2013, the Defendant and the qC Construction terminated the C Construction Contract at the request of the Berc Construction Committee to cancel the C Construction Contract, and on the same day, drafted a “Agreement on the Termination and Settlement of Construction Contract” to confirm that the Defendant does not have any construction cost any longer to Berc Construction with respect to C Construction.

(hereinafter referred to as the “C Settlement Agreements”).

However, the CB construction contract was terminated only, and the B construction contract was still maintained, and the C construction contract was defaulted on September 11, 2013. On September 12, 2013, the Defendant sent a written notice to the effect that the B construction contract was terminated as of September 11, 2013 on the ground of the default of D&D construction. The written notice contains KRW 139,341,000, the unpaid construction cost of B construction is stated in the written notice.

(hereinafter referred to as “B Notice of Settlement”) d.

Meanwhile, on August 30, 2013, the Plaintiff: (a) based on the executory exemplification of a notarial deed, No. 757 of the 2013 Document No. 757, No. 7573, the Plaintiff filed a claim amounting to KRW 460,000,000 with Sungwon District Court Sung-nam Branch Branch 201573, and (b) the obligor’s visa construction; and (c) the garnishee.

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