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(영문) 인천지방법원 2020.09.10 2020가단204994
추심금
Text

1. The Defendant’s KRW 50,331,417 as well as its annual 5% from December 24, 2019 to September 10, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On November 26, 2018, the Defendant: (a) concluded a contract with C Co., Ltd. (hereinafter “C”); (b) the construction period from November 26, 2018 to August 31, 2019; and (c) the construction cost of KRW 2,359,50,000 (supply price of KRW 2,145,000,000, value-added tax of KRW 214,50,000,000) for the construction of a neighborhood living facility in the Dong-gu Daejeon-gu Daejeon Special Metropolitan City (hereinafter “C”);

(hereinafter “instant construction contract”). B.

On December 11, 2019, the Defendant paid C KRW 330,000,00 as the price under the instant construction contract. On December 31, 2018, the Defendant paid KRW 220,000,000 as the primary base value, and KRW 330,000,000 as the secondary base value on March 21, 2019, and KRW 220,000,000 as the third base value on May 2, 2019, and KRW 220,00,00,000 as the fourth base value on June 111, 2019, and paid KRW 220,00,000 as the total of KRW 30,000 on August 12, 2019,505,005,505,005,005,00.

C. The Plaintiff filed with the Daejeon District Court an application for the seizure and collection order against C with respect to the claim amounting to KRW 122,121,441, totaling KRW 122,121,40,00 of the principal amount based on the original copy of the decision in lieu of the executory adjustment of the construction cost case (2018Gahap 2291), and the damages for delay from July 1, 2019 to November 27, 2019, as well as KRW 115,00,000,000 of the costs of delay from July 1, 2019 to November 27, 2019 (hereinafter “instant seizure and collection order”). The Daejeon District Court issued a seizure and collection order against C as the claim amounting to KRW 122,121,40,00.

On December 4, 2019, the collection order of the instant claim was served on the Defendant.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. According to the facts acknowledged prior to the determination as to the plaintiff's cause of claim, the plaintiff received the collection order of this case to the defendant within the scope of the claim's claim among the claim for construction price of this case. Since such collection order was served to the defendant, who is the third debtor, barring any special circumstance, the defendant shall be

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