logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원안동지원 2019.02.20 2017가단21312
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 120,592,709 and the interest rate of KRW 15% per annum from April 6, 2017 to the date of complete payment.

Reasons

Basic Facts

C Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”) such as lending the Defendant’s construction permission name (hereinafter referred to as “Nonindicted Co., Ltd.”) was awarded a contract for the “E Construction Project” on the 20th parcel, Da Sung-gun, Seongbuk-gun, and Sung-gun (hereinafter referred to as “E”) around 2013.

Around June 12, 2013, the Defendant agreed with Nonparty Company and F to accept the instant construction of reinforced concrete (hereinafter “instant construction”) from Nonparty Company for construction cost of KRW 1,344,00,000 (including value-added tax). In fact, the Defendant entered into a contract with F, a director of the Nonparty Company, to perform the instant construction subcontracted (hereinafter “instant subcontract”), and the F, from June 12, 2013 to October 19, 2013, performed the instant construction under the Defendant’s name.

The Defendant received the instant construction cost from April 10, 2013 to November 15, 2013, as indicated in the table Nos. 1 to 10 attached Table 585,770,000 among the instant construction cost (i.e., KRW 10,000,000 in KRW 20,000,000 in KRW 100,000 in KRW 69,570,000 in KRW 30,000 in KRW 30,000 in KRW 130,000,000 in the instant construction cost as between April 10, 2013 and November 15, 2013).

The Defendant received payment of KRW 561,247,961 out of the instant construction price (= KRW 339,054,900 KRW 50,000 KRW 172,193,061) from the G Medical Foundation that succeeded to the status of a contractor of the instant E-the-job from June 2, 2016 to September 30, 2016, as indicated in attached Tables 11 through 13.

As above, the Defendant received a total of KRW 1,147,017,961 (= KRW 585,770,000) as the construction price of the instant case (= KRW 561,247,961).

From March 22, 2013 to November 20, 2013, the Plaintiff, including a collection order, lent a total of KRW 112,553,330 to F. On August 18, 2016, filed a lawsuit seeking the payment of the loan (Seoul District Court Decision 2016No3430, Jun. 8, 2017) against F, and “F, February 8, 2017,” from August 27, 2016 to the Plaintiff.

arrow