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(영문) 대전지방법원 2018.04.25 2017가합1367
추심금
Text

1. The Defendant’s KRW 100 as well as the Plaintiff’s annual rate from June 13, 2017 to April 25, 2018, and the next day.

Reasons

Basic Facts

On November 24, 2016, the Defendant concluded a subcontract with respect to construction of aggregate buildings (including value-added tax) with respect to construction of apartment buildings (hereinafter referred to as “ apartment buildings”) among construction works by the Nienenenenc Co., Ltd. (hereinafter referred to as “Nienenc Co., Ltd”) and GS 19-44 located in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, with the construction period fixed from November 25, 2016 to December 31, 2018.

On November 28, 2016, the Defendant concluded a subcontract (including value-added tax) with respect to construction of building structures among the construction works related to apartment units (hereinafter “house unit”) located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, by setting the construction period from December 1, 2016 to May 30, 2018, the contract amount as KRW 6,117,910,831 (including value-added tax) and concluding a subcontract agreement (hereinafter collectively referred to as “each of the instant subcontract”).

However, since then, the termination of the construction of NNFC, and the construction period of the apartment site on May 10, 2017 between the defendant and NNFC was concluded between December 1, 2016 to May 10, 2017; the contract amount was 370,321,119 won (including value-added tax); and on May 19, 2017, the contract was concluded to settle the construction period of the apartment site with the construction period of 2,835,395,00 won (including value-added tax) with respect to the apartment site from November 25, 2016 to May 22, 2017.

The defendant paid 1,876,508,00 won out of the construction cost in relation to Nurina apartment units, and paid 159,940,816 won out of the construction cost in relation to apartment units in the room.

The Plaintiff filed an application for a seizure and collection order (hereinafter referred to as “instant seizure and collection order”) regarding the following claims with respect to the 3,458,293,979 won (principal KRW 3,389,526,414) with the notary public of the Daejeon District Prosecutors’ Office, which belongs to the Daejeon District Prosecutors’ Office, as its executive title.

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