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(영문) 수원지방법원안양지원 2016.11.10 2016가단514
추심금
Text

1. The Defendant: (a) from February 16, 2016 to November 2016, 2016, to the Plaintiff (Appointed Party), the appointed Party C, and D, KRW 17,589,023, and its related thereto.

Reasons

1. Facts of recognition;

A. On September 13, 2013, Pestian Construction Co., Ltd. (hereinafter “Pestian Construction”) concluded a construction contract with the Defendant on September 13, 2013 by setting the construction cost of KRW 388,881,00 as the construction cost, September 30, 2013 as the commencement date, November 30, 2013 as the completion date, and the delay delay rate of KRW 1/1,000 as the daily contract amount per delay, and completed the instant construction work on December 17, 2013.

B. Until December 2013, the Defendant paid 348,881,000 won out of the construction price under the instant construction contract to hee Construction, and paid 10,000,000 won out of the remainder of 40,000,000 won on July 9, 2014.

C. As the Plaintiff and the designated parties leased construction machinery, etc. to hee Construction with respect to the instant construction project and were not paid rent, the Plaintiff and the designated parties filed a suit for the claim for construction cost under the Incheon District Court Branch Office 2015dan10501, and on July 7, 2015, the said court rendered a ruling of recommending settlement (hereinafter “decision of recommending settlement of this case”) to the effect that “Ishee Construction shall pay to the Plaintiff KRW 23,645,00,000, and KRW 4,407,000, and KRW 1,948,000, and KRW 1,948,000, each of which shall be paid to the designated parties C until October 7, 2015, and if the payment obligation is delayed, the unpaid amount shall be paid in addition to the delay damages calculated at the rate of 20% per annum, and the Plaintiff and the designated parties shall waive the remainder of the claims.”

The plaintiff and the designated parties did not perform their obligations under the Reconciliation Recommendation Decision of this case, which became final and conclusive, and the plaintiff and the designated parties did not perform their obligations under the Reconciliation Recommendation of this case. The plaintiff and the designated parties agreed to the plaintiff's claims amounting to KRW 23,826,386 (the principal amounting to KRW 23,645,00 on the Reconciliation Recommendation of this case and damages for delay thereof), KRW 4,40,807 (the principal amounting to KRW 4,407,00 on the Reconciliation Recommendation of this case and damages for delay) of the appointed parties C, the claimed amounting to KRW 1,962,943 on the Reconciliation Recommendation of this case, and the principal amounting to KRW 1

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