logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.12.23 2015가단5136015
추심금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 20, 2013, the Defendant entered into a contract on the contract with Korea-do Branch Co., Ltd. (hereinafter “Korea-do Branch”) under which Korea-do Branch Co., Ltd. (hereinafter “Korea-do Branch”) entered into a contract with the construction period of electric installations from February 20, 2014 to December 20, 2014; the contract amount: KRW 289,300,000 (the supply price of KRW 263,00,000, value-added tax of KRW 26,300,000) and Korea-do Branch Co., Ltd. (hereinafter “instant contract”).

From May 15, 2014 to January 22, 2015, the Defendant paid KRW 215,600,000 for the construction cost under the instant contract to Handoin.

On February 5, 2015, Han-gu filed a report on the discontinuance of the electrical construction business at Sung-nam City.

On March 3, 2015, Han-gu submitted a letter of waiver of construction (hereinafter “instant letter of waiver of construction”) to the Defendant on March 3, 2015. The instant letter of waiver of construction contains the following: “The contract amount: 263,000,000 won, Jindo rate: 95.4%, total construction cost: 292,90,000 won, firearms amount: 196,000,000 won, and remaining amount: 96,90,000,000 won.”

On March 25, 2015, the Defendant sent a notice of termination of the instant contract to Handog on the ground that the instant electrical facility construction was not completed.

B. On January 20, 2015, the Plaintiff was issued a provisional attachment ruling regarding KRW 30,469,154 of the claim amount among the claim for construction payment against the Defendant of Sodin District Court in the case of provisional attachment of claim No. 2015Kadan30206, Jan. 20, 2015 (hereinafter “the provisional attachment ruling of this case”). The provisional attachment ruling of this case was served on the Defendant on January 23, 2015.

On January 20, 2015, the Plaintiff received a decision to accept the payment of KRW 30,469,154 and delay damages in the Seoul Central District Court (Seoul Central District Court 2015Da327) on January 20, 2015. The above payment order was finalized on February 12, 2015.

On March 12, 2015, the Plaintiff is the Seoul Central District Court.

arrow