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(영문) 대전지방법원 2017.10.10 2017가단9487
공사대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 115,909,200 and the interest rate of KRW 15% per annum from July 13, 2017 to the date of full payment.

Reasons

Facts of recognition

A. The Defendant is one of the five projects that contracted for the reconstruction of the Seo-gu Daejeon District Court A Ground B Hospital.

B. On June 23, 2010, the Plaintiff was awarded a subcontract from the Defendant for steel structure renovation works in the amount of KRW 423,500,000, and was additionally awarded a subcontract for metal structure works in the amount of KRW 33,000,000 on August 10, 2010.

(hereinafter collectively referred to as the “instant subcontract”). (c)

The Plaintiff completed the instant subcontract, but only 245,00,000 won, among the total construction cost of KRW 456,50,000,000, was settled in default by B Hospital, the owner of which was the Plaintiff. Accordingly, the Plaintiff was not paid the remainder of the construction cost on the wind that the Defendant was not fully paid the construction cost.

Upon the process of voluntary auction on the above B Hospital site and building, five construction companies including the defendant had the right of retention while occupying the building in the above B Hospital site and building. The construction price claims asserted by the defendant as preserved bonds included the plaintiff's remaining construction price claims.

On April 3, 2012, the Plaintiff entered into an agreement with the Defendant with the following content:

(hereinafter “instant discount agreement”). The above “A” (referring to the Defendant; hereinafter the same shall apply) and “B” (referring to the Plaintiff; hereinafter the same shall apply) are exercising the right of retention in order to receive the account payable due to the default of the Hospital, and as the lien was delegated by “A”, the auction is awarded and the bonds are negotiated, “B” will receive the contract price according to the rate (payment method and time) negotiated by “A”.

The common expenses paid while the lien is in progress shall be shared by "B" according to the rate of the receipt of the claim.

E. Meanwhile, the Plaintiff requested the Defendant to lend money to be used as deposit money related to civil procedure, and lent KRW 15,000,000 to the Defendant on September 18, 2012.

(f) Daejeon High Court.

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