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(영문) 인천지방법원 2019.03.29 2018가합60990
청구이의
Text

1. Compulsory execution against the Defendant’s Plaintiff by the Incheon District Court Decision 2016Gahap2969 Decided November 29, 2016.

Reasons

A. A favorable judgment was rendered by the Defendant with no pleading to the effect that the amount calculated was paid, and the above judgment became final and conclusive around that time.

(hereinafter “instant judgment”). C.

On the other hand, on November 14, 2016, the Defendant entered into an agreement with the Plaintiff on the construction contract with the following contents, and on the same day, drafted a written waiver under the construction contract with the content that “the establishment of the instant construction contract was invalidated by the construction contract at the construction contract at the construction contract at the same time, and confirmed that the Plaintiff waives his rights due to the construction contract on all matters related to construction after the gold ( November 14, 2016).”

[합의내용] ▣ 공사명: D호텔 신축공사 ▣ 발주사: 원고 ▣ 시공사: 피고 ▣ 도급금액: 금이십팔억오백만원정(₩2,805,000,000-) ▣ 공사외대여금: 일억육천만원정(₩160,000,000) ▣ 압류금액: 육억오천오십사만원정(₩650,540,000-) ▣ 합의조건 대여금반환 160,000,000 압류해지시 50,000,000 -현금 35일째(해지일) 50,000,000 *주)원고/E개인/F 개인 공동으로 공증처리 조건 100일째(해지일) 60,000,000 압류금액 650,540,000 압류해지시 새로 선정되는 시공건설사가 압류금액을 승계하여 공사진행과 전혀 무관하게 150일째 되는날 완납하는 조건임. (공증처리 조건

D. On January 6, 2017, the Plaintiff, a new contractor, drafted an authentic deed of a loan for consumption (a quasi-loan for consumption) agreement between G (G) and a notary public of the same content (only the main content; hereinafter the same shall apply) as follows, as at No. 0011, 2017, which is a new contractor.

Article 1 (Purpose) On January 6, 2017, the Plaintiff approved G as a claim for succession to the construction portion of the Defendant’s term with respect to the case of the new hotel construction of the D hotel, the payment of which is made in accordance with the following provisions, and offered G to accept it.

Article 2 (Period and Method of Payment) The Plaintiff shall pay G a gold of KRW 590,00,000 by July 5, 2017.

(e).

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