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(영문) 춘천지방법원강릉지원 2017.06.13 2016가단55710
추심금
Text

1. The Defendant’s KRW 15,00,000 and annual interest thereon from December 3, 2016 to June 13, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed an application for provisional attachment on March 18, 2016 with respect to the claim for construction price of KRW 75,362,500 in relation to the Corporation in Green Development (hereinafter “Ulin Development”) as a preserved claim against the U.S. Green Development (hereinafter “U.S. Green Development”) by this Court No. 2016Kadan20108, the Plaintiff applied for provisional attachment on the claim for construction price of KRW 150,725,00 in relation to the U.S. Green Development (hereinafter “U.S. Green Development”) against the Defendant. The said decision was served on the Defendant on March 24

B. On August 11, 2016, the Plaintiff filed a lawsuit on the claim for temporary materials rent, etc. in this Court Order 2015Kadan23921, and the said court rendered a decision as a substitute for the conciliation with the purport that the Mininininin Development shall pay the Plaintiff KRW 130 million in installments, and the said decision became final and conclusive.

C. On October 4, 2016, the Plaintiff received a decision of seizure and collection to transfer the above provisional seizure to the main seizure upon the decision of this court 2016TT21041 as a substitute for the above conciliation. The above decision was served on the Defendant on October 7, 2016.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (including those with a serial number; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the collection amount of KRW 75,362,50 and delay damages to the plaintiff.

B. The Defendant asserts that the Defendant’s assertion and judgment are without merit, and the Defendant asserts that, on July 31, 2016, the United States Development decided to waive construction works, and that there is no obligation for green development under the settlement agreement. Therefore, the Plaintiff’s claim of this case is groundless.

According to the evidence evidence No. 1, it is recognized that the United States Green Development agreed to waive the construction work on July 31, 2016 with the defendant and agreed to settle the accounts of KRW 1,269,120,860 with the payment of the construction cost, and the defendant paid KRW 15,00,000,000 on August 18, 2016.

According to the above facts, the claim for construction price against the defendant of the United States Green Development shall be 1,269,120.

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