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(영문) 전주지방법원군산지원 2015.03.26 2014가합1296
추심금
Text

1. The Defendant’s KRW 73,412,250 as well as the Plaintiff’s annual rate of 5% from August 22, 2014 to March 26, 2015, and the following.

Reasons

1. Facts of recognition;

A. On July 22, 2010, the Defendant, upon entering into a construction contract and a soil purchase contract, awarded a contract for KRW 3,000,000 for construction cost to Sambu Construction Co., Ltd., Musan Construction Co., Ltd., Musan Construction Co., Ltd., Limited Liability Co., Ltd., LLC Construction Co., Ltd., Ltd., and Sambu Construction Co., Ltd.

On July 26, 2012, Sambu case entered into a contract with Sambu General Co., Ltd. to purchase earth and sand to be used in the instant work.

B. The 3rd unit of the agreement on the occurrence of soil and sand price and the direct payment of the price were supplied to the third unit of the soil and sand in total 14 times from July 31, 2012 to March 31, 2014.

On the other hand, on April 30, 2013, the Defendant agreed that the Defendant shall directly pay to the Sambu to the Sambu to the Sambu to the Sambu to the Sambu to the Sambu to the extent of the progress payment that the Defendant shall pay to the Sambu to the Sambu to the Sambu to the Sambu to the Sambu to the Sambu (hereinafter “instant direct payment agreement”).

C. On May 16, 2014, the Plaintiff: (a) made the claim amounting to KRW 150,000,000 against the Sambu General as the claim amount; and (b) made the seizure and collection of the claim amount to the Defendant pursuant to the instant direct payment agreement (hereinafter “instant seizure and collection order”); and (c) the decision reached the Defendant on May 20, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 3, 4, 6, 7, and 16, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant shall pay the Plaintiff the collection amount of KRW 150,000,000 and the delay damages thereon, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The Defendant’s assertion ① The amount of earth and sand to be paid to the Sambu General upon the Defendant’s request for direct payment of the price of earth and sand from December 13, 2012 to April 2, 2014 is KRW 73,412,250.

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