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(영문) 제주지방법원 2019.10.18 2017가단9250
공사장비 임대료
Text

1. The Defendant’s KRW 50,390,339 as well as the Plaintiff’s annual rate of 5% from December 8, 2017 to October 18, 2019.

Reasons

1. Facts of recognition;

A. On June 21, 2016, the Defendant was awarded a subcontract for general facilities related to two sections among the D D Construction Works in Seopo-si, Seopo-si. On August 9, 2016, the Defendant concluded a manufacturing consignment agreement with the Defendant to supply and install soft materials at the above construction site.

B. On August 2, 2017, the Plaintiff received a decision to provisionally seize claims against the amount of KRW 53,251,500 against the E Co., Ltd. (hereinafter “E”) until the said claim amount reaches KRW 53,251,500 among the construction cost claims that E shall receive from the Defendant pursuant to the aforementioned manufacturing consignment agreement, with the Jeju District Court201Kadan1048, August 2, 2017.

C. In addition, on November 14, 2017, the Plaintiff received the order of seizure and collection from Jeju District Court 2017 tea1788 on the basis of the executory order of payment for rent for equipment, from Jeju District Court 2017TT 6006 on November 14, 2017. The order was served on the Defendant on December 7, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's 5, 8, 9, Eul's 10, 12 (including additional numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that E transferred the provisional attachment to the provisional attachment of KRW 53,251,50, among the claims for construction price under the manufacturing consignment agreement with the defendant pursuant to the manufacturing consignment agreement with the defendant, the plaintiff received a seizure and collection order.

Therefore, the defendant is obligated to pay the above 53,251,500 won and damages for delay to the plaintiff who is the collection obligee.

B. According to the manufacturing consignment agreement with the Defendant, the Defendant’s claim for construction cost is KRW 50,390,339, which the Defendant is a person or may be recognized pursuant to the entire purport of entry and pleadings in the evidence No. 12 and the entire purport of pleading, and the collection claim amount is to be made. After November 27, 2017, the written application for change of the purport of the instant claim and the cause of the claim were served on the Defendant.

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