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(영문) 부산지방법원 2015.12.02 2014가합12235
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 25, 2012, DNA Construction Co., Ltd. (hereinafter “DD Construction”) entered into a contract for construction works with the Defendant with the following content:

Standard contract for private construction works

1. Name of construction: Construction of reinforced concrete (hereinafter referred to as the "construction of this case") from among the construction of seeds and seedlings cultivation plants;

2. The construction place: Busan Gun, and eight parcels outside A;

3. Date of commencement: The date scheduled for completion on September 4, 2012: 1,00 won: 1,38,500,000 won: 1,035,000 won: 1,035,000 won: 103,50,000 won.

6. Contract bond: 113,850,000 won; and

7. Advance: No one; and

8. End amount: At once a month (demanded claim on the last day of each month, payment of labor cost on the 20th day of the following month, and payment remaining as of the last day of each month).

9. 10/1,00 of reinforced concrete 1,138,500,000 won for each type of work for warranty against defects, and 10/1,00 of the Framework Act on the Construction Industry;

B. On November 16, 2012, DNA construction entered into a contract with the Defendant to modify the construction amount as follows.

Contracts for Change of Construction Works

1.The contract for the supply of this construction works shall be, in principle, top priority over the general conditions of the contract and special conditions of the contract, and the settlement of the quantity on the statement of the contract shall be made in actual quantity

2. The modified construction period from September 4, 2012 to January 31, 2013: (a) the contract amount of KRW 1,138,50,000 that is no change in the original construction period; (b) KRW 1,127,50,000; (c) the value of supply of KRW 1,035,000,025,000 in value of KRW 1,025,000,000; and (d) the value of value of value of KRW 103,50,000 in value of KRW 102,50,000;

C. On March 26, 2013, the Plaintiff was issued a ruling of provisional seizure of claims against the Defendant of the Construction Contract (hereinafter “decision of provisional seizure of this case”) with the Busan District Court Decision 2013Kadan20031, the amount until it reaches KRW 101,839,460, out of the claim for the construction price of the instant construction contract against the Defendant of the Construction Contract. The said ruling was served on the Defendant on March 29, 2013.

Since then, the plaintiff is based on the original copy of the payment order issued by the Busan District Court 2013 tea 4548.

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