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(영문) 수원지방법원안산지원 2016.12.08 2016가합5297
추심금
Text

1. The Defendant’s KRW 168,00,000 for the Plaintiff and 5% per annum from February 13, 2016 to December 8, 2016.

Reasons

1. Around April 2014, the Defendant entered into a subcontract with the non-party C Co., Ltd. (hereinafter referred to as “non-party C”) for the construction cost of the steel frame among the new construction works of D during the construction period of KRW 462,00,000, and the construction period from April 15, 2014 to June 30, 2014 (hereinafter referred to as “the instant first construction work”). The non-party Co., Ltd completed the instant construction work on October 9, 2014.

The Defendant paid the Nonparty Company KRW 228,00,000,000 in total, as the construction cost of the instant construction project on April 28, 2014, and KRW 80,00,000 on January 13, 2015.

Around September 2014, the Defendant subcontracted to the non-party company the construction cost of KRW 344,30,000 and the construction period from September 25, 2014 to October 29, 2014 (hereinafter “instant second construction”).

Although Nonparty Company received KRW 90,000,000 from the Defendant for advance payment, it failed to timely supply materials at the second construction site of this case, and accordingly, it was in a situation where the two construction works of this case were almost not carried out as of October 29, 2014, which was the completion date of the said agreement.

Accordingly, on November 6, 2014, the Defendant: (a) received a letter from the non-party company as follows (hereinafter “each letter of this case”) from the non-party company; and (b) paid KRW 85,000,000 as the construction price to the non-party company on November 7, 2014.

[Attachment 1] On-site Name : During the construction of Section 2 of this case, the non-party company was unable to perform the supply and demand of materials and the contract construction period while entering into a subcontract for steel construction.

In the future, it is signed and sealed to bear any disadvantage when it is impossible to meet the accurate construction schedule and payment period.

On November 15, 2014: The date of completion of the installation of steel frame: November 30, 2014. However, the non-party company failed to supply materials at the second construction site by November 15, 2014 ( November 15, 2014) stipulated in the letter No. 1 of this case, and the defendant and the non-party company are as follows.

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