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(영문) 전주지방법원군산지원 2020.07.23 2019가단2716
추심금
Text

1. The Defendant’s KRW 112,931,274 as well as 15% per annum from May 30, 2019 to May 31, 201.

Reasons

1. Facts of recognition;

A. On July 18, 2017, the Plaintiff and the non-party F Co., Ltd. (hereinafter “non-party F Co., Ltd”) drafted a notarial deed on a monetary loan for consumption stating that “In the event a notary public borrowed KRW 452,924,200 from the Plaintiff on the same day, the non-party F Co., Ltd. borrowed KRW 452,924,200 from the Plaintiff on the same day, and failed to perform by the due date

B. Based on the original copy of the above notarial deed, the Plaintiff filed an application with the Incheon District Court for a collection order of KRW 134,021,959 regarding the claim amount as to “the amount up to the claim amount among the claim for the construction price of the HH construction site site in the Gunsan-si, which the company outside the lawsuit owns against the Defendant,” and the above court issued a seizure and collection order of the above contents as the head of 2018 TaT2303 on September 10, 2018 (hereinafter “instant order”). The instant order was served on the Defendant on September 13, 2018.

C. On the other hand, on May 15, 2017, Nonparty Company entered into a subcontract with the Defendant for file construction among the construction works of new H apartment units (hereinafter “instant construction”) with the Defendant at KRW 4,243,00,000 of the construction cost.

On May 22, 2017, the Defendant drafted a notarial deed of debt repayment contract to the non-party company that “The Defendant approves the non-party company that the non-party company bears the obligation of KRW 1,143,000,000 as the price for the instant construction work,” as a notary public No. 586, May 22, 2017.

E. On February 7, 2018, the Defendant and the non-party company drafted a written agreement on the payment of the final settlement of accounts (hereinafter “instant agreement”) and concluded that the remainder of the construction payment of the instant case remains in KRW 520,000.

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

2. Determination

A. According to the above facts of recognition, the non-party company holds a claim for the construction payment of KRW 520,000,000 against the defendant as of February 7, 2018.

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