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(영문) 대구지방법원 2014.04.11 2012가단66386
추심금
Text

1. The Defendant’s KRW 43,541,11 as well as the Plaintiff’s KRW 5% per annum from January 3, 2013 to April 11, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s claim against B against a person who runs wholesale and retail business of construction materials, safety goods, etc., and supplied construction materials, etc. to B Co., Ltd. (hereinafter “B”), but was not paid the price. As such, the Plaintiff filed a lawsuit against B seeking the purchase price claim against the Daegu District Court 2012Gahap5425.

On July 4, 2012, the above court jointly and severally decided to recommend reconciliation that KRW 162,808,580 shall be paid to the Plaintiff by August 31, 2012, and the Plaintiff and B did not raise any objection thereto, which became final and conclusive around that time.

나. B과 피고 사이의 하도급계약 B은 2012. 2. 17. 피고로부터 안동세영리첼2차 아파트 신축공사 중 형틀목공, 철근가공 및 조립, 콘크리트타설공사를 공사기간 2012. 2. 17.부터 2012. 12. 31.까지, 하도급공사대금 18억 2,000만 원으로 정하여 하도급(이하 ‘이 사건 하도급’이라고 한다)받았다.

Examining the costs of the instant subcontracted project in detail, ① the construction cost of KRW 1.387 billion (such as material cost of KRW 312,549,080, labor cost of KRW 539,135,960, and cost of KRW 289,000,000) was KRW 430,000 (i.e., material cost of KRW 27,512,100, and labor cost of KRW 251,87,690, and labor cost of KRW 109,813,290,000).

B on February 17, 2012, the Defendant submitted to the Defendant a letter of statement that “if B is in arrears with wages, the Defendant would not raise an objection even if he paid wages to the employees of B directly.”

C. On April 17, 2012, the Plaintiff, including the Plaintiff’s seizure and collection order, provisionally attached the instant subcontract price claim against the Defendant under the Daegu District Court 2012Kadan3297 (hereinafter “instant provisional attachment order”), and the said provisional attachment order was served on the Defendant following the date.

The plaintiff on September 2012.

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