logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2008. 08. 22. 선고 2007가단72121 판결
도급공사 금액의 압류 범위[국패]
Title

Attachment Scope of Contract Amount

Summary

The amount equivalent to wages to be paid to workers of the relevant work (including subcontract) from among the contract amount of a construction work for which a constructor has been awarded a contract shall not be seized.

Related statutes

Article 24 of the National Tax Collection Act (Requirements for Attachment)

Text

1. Of the distribution schedule prepared by the above court on December 6, 2007 with respect to the distribution procedure case of Seoul Eastern District Court 2007Tagi12, the amount of dividends to the defendant is 90,005,880 won, and the amount of dividends to the plaintiff is 27,52,000 won, and the amount of dividends to the plaintiff is 27,52,000 won.

2. The costs of the lawsuit are assessed against the defendant.

Purport of claim

The same shall apply to the order.

Reasons

In light of the facts without dispute, Gap evidence Nos. 1 through 8 and the purport of the whole pleadings, the plaintiff entered into a subcontract with 76,450,00 won for re-construction during the above construction work from ○○ Construction Co., Ltd. (hereinafter referred to as "○○ Construction Co., Ltd.") which is the contractor for the repair of road facilities ordered by Dongdaemun-gu Seoul Metropolitan Government on February 23, 2007. Under Article 88(2) of the Framework Act on the Construction Industry and Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry, the labor cost of the above construction work was 27,52,00 won, and the defendant seized the claim for the construction cost against Dongdaemun-gu Construction Co., Ltd. based on the taxation claim against ○○ Construction Co., Ltd., Ltd., the part of the contract price of the above construction work, which was seized to the plaintiff on Oct. 17, 2007, which was not distributed to the plaintiff. 207.

Therefore, the Seoul Eastern District Court should correct the dividend amount of the defendant as 90,005,80 won among the dividend table prepared by the above court on December 6, 2007 as '90,005,80 won' and '27,522,000 won for the plaintiff's dividend amount as '27,00 won'. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

arrow