logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.12.03 2019가단252669
추심금
Text

The Plaintiff, Defendant B, and Defendant C, KRW 50,041,594, and KRW 50,041,593, and each of them shall be repaid from October 5, 2019.

Reasons

1. Basic facts

A. On February 5, 2018, the Defendants contracted to D (former trade name: E Company E; hereinafter “D”) for the new construction of a building on the ground of six parcels outside F in Kimpo-si, Kimpo-si, and KRW 9770,150 million.

(hereinafter “instant contract”). The Defendants and D increased the construction amount of KRW 13.47 billion on February 10, 2018 to KRW 800,000.

D completed the above construction.

B. The Plaintiff filed a payment order against D to seek the payment of the price of goods, etc., and “D shall pay the Plaintiff KRW 202,648,531 and its delay damages.” The payment order was issued and finalized.

(A) The Plaintiff received the order of seizure and collection as to the amount until the amount reaches KRW 50,041,594 as to Defendant B among the claim for construction price under the instant contract, and KRW 50,041,593 as to Defendant C, among the claim for construction price under the instant contract, with the title of execution of the said order (hereinafter “instant order of seizure and collection”), and the original copy of the said order was served on the Defendants on August 26, 2019.

On the other hand, D around August 2019, transferred to the Plaintiff the obligation to pay KRW 150 million out of the construction cost under the instant contract, and notified the Defendants of the transfer of the obligation on September 3, 2019.

[Reasons for Recognition] Unsatisfy, Facts which are obvious to this court, Gap-5, and 9 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants and D entered into the instant contract with the Defendants for construction cost of KRW 13.47 billion, and D completed the construction work accordingly, barring any special circumstance, the Defendants, the third obligor, as the Defendant, as the Defendant, as the collection obligee, are the Defendant B, the collection obligee, and the Defendant C, as the collection obligee, KRW 50,041,594, and KRW 50,041,593, and each of them, as sought by the Plaintiff, shall be promoted from October 5, 2019 to the date of full payment, which is the following day when the duplicate of the instant complaint was served on the Defendants.

arrow