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(영문) 창원지방법원 2016.07.19 2015가단9625
추심금
Text

1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of 5% from May 27, 2015 to July 19, 2016.

Reasons

1. Basic facts

A. On January 12, 2013, Cheongi General Construction Co., Ltd. (hereinafter “Cheongi General Construction”) entered into a construction contract (hereinafter “instant construction contract”) with D that operates Cheongan Construction Co., Ltd., Ltd., with construction cost of KRW 790,00,000 (value-added tax separate) for the instant construction project on the land E-based (hereinafter “instant construction project”). The Plaintiff entered into a construction contract with the said Cheongan General Construction Co., Ltd. by setting the steel frame construction cost of KRW 129,80,000 (including value-added tax) for the instant construction project as KRW 129,80,000 (including value-added tax).

B. The Plaintiff filed a civil suit against the Changwon District Court Decision 2014Da3446 against the construction of the Changwon General for the payment of the construction cost and rendered a favorable judgment that “to pay the Plaintiff the amount of KRW 73,800,000 and the interest rate of KRW 20% per annum from April 2, 2014 to the date of full payment.”

C. The plaintiff was above B.

As the title title of the claim under subsection (a) with respect to the F New Construction Works in Cheongwon-gun E-gun, Chungcheongnam-gun, the Defendant as the garnishee, and the Defendant as the garnishee, “The amount from the third debtor to the point of time the above claim amount among the construction cost and future claims currently and future claims,” the Defendant requested a seizure and collection order and received a decision of acceptance on March 11, 2015 (Seoul original District Court 2015TTT2488; hereinafter “the instant collection order”), and the above collection order was served on the Defendant on March 12, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff 1's assertion that there exists a claim for the construction price payable by Cheongdo Construction, and the defendant still remains to pay the construction price to Cheongdo Construction due to the construction in this case, so the defendant has to pay the construction price to Cheongdo Construction in accordance with the collection order in this case, and it is 87.

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