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(영문) 수원지방법원 2019.06.13 2018가단533085
공사대금
Text

1. The Defendant’s KRW 2,159,496 as well as the Plaintiff’s annual rate from July 28, 2018 to June 13, 2019.

Reasons

1. Basic facts

A. On January 3, 2018, the Plaintiff: (a) concluded a contract with the Defendant for the construction of a new site neighborhood living facility (hereinafter “instant construction”); (b) KRW 379,500,000 (including value-added tax); and (c) concluded a contract with the term of construction on February 2, 2018; and (d) performed the instant construction from around that time.

B. The Plaintiff suspended the instant construction work due to a dispute over advance payment, etc. and settled the construction price to be additionally paid by the Defendant at KRW 82,017,810, while the Plaintiff agreed to terminate the instant contract on June 4, 2018 with the Defendant.

C. On March 4, 2019, Suwon District Court Decision 2019TT2268, D received an attachment and assignment order for KRW 79,858,314 of the instant claim for construction payment against the Defendant against the Plaintiff (including KRW 73,292,142 based on the provisional attachment order of claim No. 2018Kadan16199) and its decision became final and conclusive as it is.

[Reasons for Recognition] Evidence Nos. 1 through 5, Evidence No. 1, and the purport of the whole pleadings

2. The assertion and judgment

A. On March 4, 2019, D received attachment and assignment order as to KRW 79,858,314 of the instant construction price claim against the Defendant, which the Plaintiff had against the Defendant on March 4, 2019, and the decision became final and conclusive as it is, as seen earlier, as to the part of the assignment order, as to the claim amounting to KRW 79,858,314 under the above assignment order, among the construction price claim that the Plaintiff sought, is deemed to have been entirely entirely binding on D.

Therefore, among the Plaintiff’s claim, the part of KRW 79,858,314, all of which was assigned to D pursuant to the above assignment order, is without merit without any need to further examine.

B. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 2,159,49,496 (=82,017,810 - 79,858,314) excluding the total amount of KRW 79,858,314 out of the unpaid construction price claim 82,017,810 under the above settlement, barring any special circumstances. (2)

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