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(영문) 서울남부지방법원 2015.08.13 2015나1647
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of this court is as follows, in addition to adding the following judgments to the Plaintiff’s assertion raised in the trial, and therefore, it is identical to the written judgment of the court of first instance.

The Plaintiff asserts that the Plaintiff is obligated to pay discount charges as stipulated in the Fair Transactions in Subcontracting Act (hereinafter “subcontract”) since the Defendant paid part of the construction cost as a promissory note for Daw Construction.

(b) Where the prime contractor pays the subcontract price by a bill, he shall pay to the subcontractor the discount charge for the period from the delivery date of the bill to the maturity date on the day of issuance of the bill: Provided, That where the bill is delivered within 60 days from the receipt date of the object, etc., he shall pay to the subcontractor the discount charge for the period from the 60th day after the receipt date of the object, etc. to the maturity date of the bill within 60 days from the receipt date of the object, etc., and the said discount charge shall be determined and publicly notified by the Fair Trade Commission. The discount rate for the payment of the subcontract price under the bill determined and publicly notified by the Fair Trade Commission shall be 7.5% per annum, and the discount rate for the payment of the subcontract price under the bill determined and publicly notified by the Fair Trade Commission shall be 3 through 5, 10, 13 and 14% per annum (including each serial number), comprehensively considering the whole purport of arguments, the defendant shall be the sum of discount charge in the attached Table No. 3937,3937.

C. However, according to the evidence evidence evidence Nos. 2 and 5, the provisional attachment order of Sep. 26, 2013 (In Incheon District Court 2013Kadan14596) that the Plaintiff received as the obligor Co., Ltd., and the third obligor, and the provisional attachment of Feb. 7, 2014, which was received by the Plaintiff.

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