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(영문) 인천지방법원 2016.11.08 2014가단64720 (1)
추심금
Text

1. The Defendant’s KRW 51,965,00 for the Plaintiff and 5% per annum from October 11, 2014 to November 8, 2016.

Reasons

1. Basic facts

A. On November 4, 2013, the Plaintiff filed a lawsuit against A.S. C. C. (hereinafter “S.”) seeking payment of the construction price under the Seoul Southern District Court 2013Gahap17828, the Seoul Southern District Court rendered a ruling of recommending reconciliation as indicated below on February 14, 2014. The said ruling of recommending reconciliation was finalized on March 6, 2014.

The non-party company shall pay 9,648,000 won to the Plaintiff until April 30, 2014. If the non-party company fails to pay the above amount by the payment date, the damages for delay calculated at the rate of 20% per annum from the day following the payment date to the day of full payment.

B. Based on the claims recognized in the above decision of recommending reconciliation, the Plaintiff received a seizure and collection order as to the claim for the construction price of KRW 65,023,292 against the Defendant of the non-party company as the Incheon District Court 2014TT23102.

C. On the other hand, around February 2013, the Defendant and the non-party company entered into a contract for the construction of a new factory of the Seo-gu Incheon Metropolitan City, where the Defendant as the contractor and the non-party company as the contractor (hereinafter “instant contract for construction”). D.

On September 25, 2013, the approval for use was made for the Seo-gu Incheon Ground Factory.

[Grounds for Recognition: Evidence Nos. 1, 2, 3, 5, 6, Evidence Nos. 1, 6, and 7; Evidence Nos. 1, 6, and 7; Facts to this Court; the purport of the whole pleadings]

2. Summary of the parties’ assertion

A. A. Around February 2013, the Plaintiff’s assertion summary and the Defendant concluded the instant construction contract with the construction cost of KRW 187,000,000, and the Nonparty Company completed the construction work.

However, the defendant did not pay 87,000,000 won out of the above construction cost to the non-party company.

In addition, although the non-party company did not pay the above additional construction cost even though the additional construction cost equivalent to the total amount of KRW 5,481,940 was paid by the defendant.

Thus, the defendant did not pay KRW 92,481,940 to the non-party company.

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