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(영문) 수원지방법원성남지원 2020.08.18 2017가단15477
약정금 등
Text

1. Defendant B Co., Ltd.: 56,090,229 won and its related amount are 5% per annum from September 5, 2017 to August 18, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company, Defendant C, D, and E for the purpose of housing construction business, etc., and Defendant F is a representative director of Defendant B, and Defendant F is the current representative director of Defendant B.

B. G Co., Ltd. (hereinafter “G”) carried out a new construction project (hereinafter “instant construction project”) on the land of Namyang-si, Namyang-si, H (hereinafter “instant land”). The Plaintiff was awarded a contract for electrical construction during the instant construction project.

C. On February 23, 2012, 16 construction companies, including the Plaintiff, prepared a certificate of management appointment that proves that the right of retention, etc. of a building on the instant land was delegated to Defendant F. On August 2, 2012, the Plaintiff drafted a right of retention against Defendant F on August 2, 2012.

On October 10, 2012, the Plaintiff transferred the Plaintiff’s claim for the construction cost of KRW 70 million to Defendant B (hereinafter “instant claim”). At the time of the transfer of the instant claim, Defendant B agreed to recover the amount of the instant claim and immediately refund the amount of the claim to the Plaintiff after deducting all the expenses, and Defendant F drafted a certificate of transfer of assignment of claim with the purport that Defendant B guarantees the obligation to return the claim.

E. The procedure for compulsory auction (hereinafter “instant auction procedure”) was conducted with respect to the instant land, which was newly built on the instant land (hereinafter “the instant loan”) and the Gu Government District Court I, etc., and Defendant B participated in the auction procedure of the instant auction.

On April 3, 2014, the Plaintiff paid to Defendant B KRW 20 million as the bid bond for the instant auction procedure (hereinafter “instant bid bond”).

F. Around September 2014, Defendant B awarded an additional contract for the instant loan electrical construction to the Plaintiff, and on September 27, 2014, the Plaintiff was at KRW 11,341,000 (including surtax) for the construction cost to Defendant B on September 27, 2014.

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