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(영문) 서울중앙지방법원 2017.03.23 2016가단81735
추심금
Text

1. The Defendant’s KRW 91,172,741 for the Plaintiff and KRW 5% per annum from July 26, 2016 to March 23, 2017.

Reasons

1. Facts of recognition;

A. On August 4, 2014, Nonparty Korea Engineering Co., Ltd. (hereinafter “Nonindicted Company”) subcontracted construction works with the Defendant, and re-subcontracted part of them to the Plaintiff on November 5, 2014.

B. The details of the subcontract agreement of the defendant and the non-party company and the contents of the sub-subcontract of the plaintiff and the non-party company

1) Details of the subcontract: Seoul Tol Social Welfare Association, and the name of the subcontractor for the new construction of facilities for the elderly and children: Electricity, telecommunication, and fire fighting (hereinafter “instant subcontract”).

() Construction period: The contract amount from August 11, 2014 to September 30, 2015: 1.199 billion won (the supply price of KRW 1.99 billion, value-added tax of KRW 190 million): The monthly payment of the completed amount of 1.9 million (60 days from the date of issuance of tax invoices): The monthly payment of the security deposit for repairing defects (60 million from the date of issuance of tax invoices): the name of the contract under the sub-subcontract of 3% (32.7 million won): the purchase and installation of CCTV in the facilities for the elderly and children of Gangseo-dong (hereinafter referred to as “instant re-subcontract”): the contract amount of KRW 99 million (including value-added tax): from October 31, 2014 to September 31, 2015.

On April 18, 2016, the Plaintiff drafted a notarial deed under a monetary loan agreement (No. 407, 2016, a notary public, a law firm North Korea's law office document, No. 407, 2016, and hereinafter referred to as "notarial deed of this case") stating that "the Plaintiff lent KRW 99 million to the non-party company on November 14, 2015, and the non-party company fully pays this amount on April 22, 2016, but recognizes compulsory execution at the time of delay."

On the basis of the above notarial deed, the Plaintiff received the provisional seizure order of the claim against the Defendant of the non-party company by Sungwon District Court Sung-nam Branch 2016Kadan207, which provisionally seizes KRW 46 million of the subcontract price claim of this case against the Defendant of the non-party company. The provisional seizure order of the above provisional seizure is transferred on May 11, 2016 to 2016, as the above support 2016 TaT406, and seized KRW 53,162,739 among the above claims, and seized KRW 53,162,739 among the above claims and collected the above seized claims.

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