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(영문) 광주고등법원(전주) 2019.10.24 2018나12051
양수금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

(a) In the case of construction works, the construction cost of 300 million won shall be paid within 10 days after completion and any balance shall be paid at the executor by settling accounts within 30 days after completion;

(b) Executive Director: D representative director J;

C. On January 21, 2015, between the Intervenor and D, the letter of payment, as described below (hereinafter referred to as “instant letter of payment”). After the date of drawing up 1) the letter of payment:

d. On-site name of the Corporation: D: Defendant subcontractor 1) The amount of the construction cost of KRW 300 million shall be paid within 10 days after completion, and the balance two shall be settled within 30 days after completion and paid at the executor’s office.

b. Effective Agency: D Representative Director J* For the 4 households of officetels provided as security to intervenors, the practicable amount at the time of the implementation of the secured loan - Any balance remaining after subtracting the amount of loan executed from 300 million won is paid to intervenors within 10 days after the completion and return all documents related to the 4 households of officetels at the same time.

* In addition, acquisition tax, etc. due to the above ownership transfer shall be borne by the intervenor.

* In the event of the failure to comply with the foregoing, the rate shall be 20 per annum (20 per annum);

(2) On January 23, 2015, D received notarial deeds on any of the following payments, and delivered them to intervenors.

On April 27, 2015, an intervenor filed an application with the Defendant for a payment order for the payment order of subcontracted construction cost, and the former District Court 2015Kahap3203, which was conducted pursuant to the payment order, sought payment of the unpaid construction cost of KRW 387,90,000 based on the subcontract construction contract or the instant payment note (hereinafter referred to as “prior lawsuit”).

(2) 2) On August 19, 2016, the prior suit suit court recognized only the responsibilities based on the instant notice of payment, and “the Defendant” is 6% per annum from January 12, 2016 to August 19, 2016, and the following day.

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