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(영문) 창원지방법원마산지원 2019.01.22 2018가단105043
청구이의
Text

1. The defendant's Changwon District Court Decision 2013Na2375, 2013Gahap2665 (Counterclaim) against the plaintiff.

Reasons

1. Facts of recognition;

A. On March 2013, the Plaintiff awarded a contract to the Defendant for the new construction of the building on the ground C in Changwon-si, Changwon-si.

After completing the construction work, the Defendant filed a lawsuit claiming construction cost against the Plaintiff (Seoul District Court Decision 2013Gahap2375), and the Plaintiff filed a counterclaim claiming damages in lieu of defect repair.

(2013Gahap2665), b.

In the foregoing case, on June 23, 2014, the Plaintiff and the Defendant concluded a mediation to the effect that “the Plaintiff shall pay to the Defendant KRW 30 million up to August 11, 2014: Provided, That if the Plaintiff fails to pay the said money by the due date, the amount calculated by adding the amount at the rate of 20% per annum from the day following the due date to the day of full payment.”

(hereinafter “instant protocol of mediation”). C.

On June 23, 2014, the Defendant transferred to subcontractor D the amount of KRW 18 million out of the claims (30 million) under the instant conciliation protocol.

The Plaintiff paid the money in installments to D from September 19, 2014 to July 31, 2015.

Before August 11, 2014, the Defendant transferred 1,240,000 won out of the remainder of the credit (12 million won) against the Plaintiff to the creditor E.

E On July 29, 2014, the amount of goods (1,290,100 won) against the Defendant was claimed and applied for provisional attachment as to the claim of the above protocol of mediation (the Changwon District Court Branch Decision 2014Kadan1120), and the provisional attachment order was issued on August 12, 2014.

The Plaintiff was exempted from its debt from E around that time.

E. On January 14, 2015, the Defendant transferred 4,370,000 won out of the remainder of the credit (1,0760,000 won) against the Plaintiff to the creditor F.

On July 25, 2014, F applied for provisional attachment of the claim against the Defendant for the amount of goods (4,273,300 won) as the claim(s) for the provisional attachment against the claim(s) of the above protocol(s)(s) on the Changwon District Court Decision 2014Kadan104), and was decided on August 6, 2014(s).

After that, upon receiving a payment order from the Defendant on July 28, 2014 (the same court 2014 tea 1135) and September 30, 2014, the claimed amount was 4,406.

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