logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2020.06.18 2019가합53093
공사대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 1,067,11,856 and the interest rate thereon from November 16, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On March 15, 2019, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the following terms and conditions, and accordingly, installed movable property in the attached list at the designated place in the Defendant Co., Ltd. (hereinafter “instant movable property”).

The main contents of the instant construction contract.

1. The name of the construction work: The construction work of sloped water treatment facilities, water treatment facilities and consortiums; and

5. Date of completion: The ownership of the facility PLNT shall be owned by the plaintiff and shall be owned by the defendant company at the time of completion of the payment of the construction amount, until the payment of the total supply amount (including additional taxes): 1,217,700,000 won (the terms and conditions of the contract for a sloped facility, water treatment facility and consortiumd construction) is completed.

B. The Defendant Company paid KRW 1,067,111,856 out of the construction price under the instant construction contract to the Plaintiff with an electronic bill, but the bill delivered by the Defendant Company was entirely rejected.

C. On October 2, 2019, the Defendant Company concluded a contract to establish a security interest in movable property with Defendant C and D to borrow KRW 1 billion from Defendant C and D, and to secure the above loan obligation, as to movable property preserved in the Defendant Company, including the instant movable property, with a view to establishing a security interest in movable property.

According to the contract to establish the above movable property security right, the Defendant Company completed the registration of the creation of the collateral security right (hereinafter referred to as the “instant collateral security right”) as to the instant movable property and other movable property as stated in Paragraph 2 of the Disposition.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The intent of the parties at the time of delivering a bill to the creditor with respect to the performance of the existing obligation to determine the claim against the defendant company is "in lieu of the payment of the existing cause obligation", that is, the existing cause obligation.

arrow