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(영문) 광주지방법원 2015.06.04 2014가단13643
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 48,457,665 and the interest rate of KRW 20% per annum from March 25, 2014 to the day of complete payment.

Reasons

Facts of recognition

On September 18, 2009, the gold tin Co., Ltd. received a contract from the Defendant for the fire fighting construction work among the new construction works of the D Hospital located in Gwangju metropolitan amounting to KRW 286 million, and was awarded a contract for the construction works of the heating and cooling equipment among the new construction works.

After the completion of the fire-fighting construction work among the above contracted construction works, the gold metal company received KRW 280,1200,000 from the defendant as the price for the fire-fighting work.

In addition, from November 12, 2009 to March 30, 2010, gold liter Co., Ltd. was supplied with heating and cooling equipment by Dog Co., Ltd., and completed the heating and cooling installation work during the contracted construction, and was paid KRW 413,400,000 as the price by the Defendant.

On May 16, 201, the Plaintiff served a collection order and a third debtor, with the Gwangju District Court 201Tho-gu District Court 201Tho-gu 11410, as the debtor, and the third debtor. The Plaintiff received the seizure and collection order by stating that the subject of the seizure and collection claim is “the amount until the time when the gold-gu Corporation received 48,457,665 out of the construction price claims against the defendant for the construction works of the D Fire Services Corporation and the installation of the heating and cooling system.” The above order was served on the Defendant on May 18, 201.

[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings, the court below held that the defendant was entitled to claim KRW 108,40,00 for the construction work of the D Hospital Fire Fighting Corporation and the air conditioner conditioning and heating equipment - KRW 281,200 for - KRW 281,200 for the construction work of the heating and cooling equipment - KRW 517,00,00 for the heating and cooling equipment - KRW 413,40,00 for the construction work of the heating and cooling equipment - KRW 48,457,665 for which the collection order was issued by the plaintiff. Accordingly, the defendant is obligated to pay the plaintiff the collection amount to the defendant and the delay damages for delay.

2.3.

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