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(영문) 대구지방법원 김천지원 2017.03.31 2015가합15972
공사대금
Text

1. The Defendant’s KRW 155,648,882 as well as the Plaintiff’s KRW 6% per annum from October 27, 2015 to March 31, 2017.

Reasons

1. Basic facts

A. On October 6, 2014, the Defendant awarded a subcontract to the Plaintiff on October 6, 2014, setting the construction cost of KRW 880,000,000 (including value-added tax; hereinafter the same shall apply) and the construction period of construction as of October 6, 2014 to March 30, 2015.

B. The Plaintiff completed the instant subcontracted project on June 7, 2015, and the Plaintiff sought damages for delay from May 1, 2015 on the premise that the instant subcontracted project was completed on or around April 29, 2015. However, the Plaintiff stated that the said project was completed on June 7, 2015 in the content certificate and the statement on the grounds for delay of construction (Evidence A-25-1 and 2) prepared by the Plaintiff, and the Plaintiff also stated to the same effect in the preparatory document as of February 11, 2016.

The defendant has received 620 million won of the above construction cost from the defendant.

C. C, which received a sub-subcontract for the instant subcontracted project from the Plaintiff, was subject to a provisional attachment order regarding KRW 105,253,800 of the subcontract price claim against the Defendant for the instant subcontracted project (Seoul District Court Branch Branch Decision 2015Kadan649) and the said provisional attachment order reached the Defendant on March 26, 2015.

Since then, C filed a lawsuit against the Plaintiff for the claim for construction cost of KRW 111,352,530 (Seoul District Court Branch Branch of 2015Kadan8418), and rendered a favorable judgment, and subsequently, transferred the above provisional seizure to attachment for KRW 105,253,80 out of the subcontract price claim of this case, and the remainder of KRW 6,098,730 out of the above attachment was newly seized, and obtained a seizure and collection order (Seoul Branch of Appellate Branch of 2015T District Court) providing the collection right of KRW 111,352,530 out of the above attachment amount.

The above collection order of seizure and collection reached the defendant on August 13, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9, significant facts in this court, and purport of the whole pleadings.

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