logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2015.05.27 2013가단42120
추심금
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. On May 11, 2011, the Plaintiff received a claim attachment and collection order under the court 2011TTT 9037 against the Plaintiff’s Intervenor (hereinafter “Supplementary Intervenor”) for the amount of money up to KRW 30,673,972 out of the construction cost claim that the Intervenor acquired in accordance with the contract for construction of a new building on the ground of the Seoul Special Metropolitan City, Dogro-ri 46-2, Songsan-do, Songsan-do, the Plaintiff, based on the original copy of the payment order (hereinafter “Supplementary Intervenor”), and was served on the Defendant on May 17, 2011.

B. On September 1, 2008, the Defendant awarded a contract to the Intervenor for a new construction work of KRW 2,398,000,000 for the construction cost of KRW 2,398,000 (including value-added tax) (hereinafter “instant factory”). On January 25, 2009, the Defendant increased the construction cost of KRW 2,728,000 (including value-added tax) to KRW 2,728,00.

C. Around March 27, 2009, the factory was completed and approved for use. Around that time, the value of the building was assessed as KRW 1,528,560,000.

Accordingly, on April 6, 2011, the Defendant and the Intervenor settled the final construction cost of KRW 2,167,00,000 (including value-added tax) and paid KRW 148,818,182, which the Defendant had not yet paid, on the day of 50% of the construction cost of KRW 1,970,00,000 excluding value-added tax, and paid the remainder until May 31, 201, and ② the Intervenor agreed that the Intervenor bears 50% of the defect repair cost of the factory of this case.

(hereinafter referred to as the “instant settlement agreement”). E.

As a result of the appraisal of defects in the factory of this case conducted around June 2013, defects using steel bars that are not in conformity with the structural design standards, defects in the Home line discharge properly, and defects in the PE film and short heat which have not been properly constructed were recognized. The repair costs were assessed to KRW 142,036,00.

Payment Date and time payment KRW 100,000,000 on November 7, 2008 200,000 on January 12, 2009 3,200,000 on January 23, 2009 3.250,000,000 on January 23, 2009 4.30,000,000 on February 27, 2009 5,00,000 on May 21, 2009

arrow