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(영문) 서울고등법원 2016.02.03 2014나2029535
추심금
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 30, 2010, the Defendant was awarded a new construction contract for the Nam-gu Incheon Metropolitan Government A apartment (hereinafter “instant apartment”) from the Young-gu Reconstruction Association (hereinafter “instant association”) which is the owner of the building. On August 30, 2010, the Dongbnb Co., Ltd. (hereinafter “Dongbnb”) received a subcontract with the Defendant for the construction cost of the said construction of machinery and equipment (hereinafter “instant construction”) at KRW 801,368,000 (including value-added tax) and the construction period from September 1, 2010 to November 30, 201.

(hereinafter “instant subcontract”). (b)

The instant corporation was completed around November 25, 201.

C. On July 24, 2013, based on an executory exemplification of the judgment with executory power, the Plaintiff received a seizure and collection order concerning the instant claim for the construction cost (hereinafter “instant collection order”), which is based on the Seoul East Eastern District Court 2013TTB as Seoul East District Court 2013TTTT12768, and the third obligor as the Defendant, and the amount claimed as KRW 26,506,849 (hereinafter “instant claim”), and the above collection order was served on the Defendant on August 8, 2013.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 4-2, Eul evidence 1-1, and the purport of the whole pleadings and arguments

2. Determination as to the cause of action

A. According to the above facts, unless there are special circumstances, the defendant is obligated to pay the construction cost of KRW 801,368,000 to Dong bank T&B. Thus, the defendant is obligated to pay KRW 26,506,849 out of the above construction cost and delay damages to the plaintiff as the collection right holder.

B. Furthermore, the Plaintiff: (a) with respect to KRW 371,00,00,00 of the instant apartment units 403, 503, and 807, for which the Defendant agreed to pay as a substitute to the East Annb, the interest rate of KRW 19,780,475, which the East Annb paid on behalf of the Defendant; and (b) with respect to the registration fee of KRW 503 of the instant apartment units 503 that the East Annb paid on behalf of the Defendant, the registration fee of KRW 6,884,928, and KRW 2, East Annb.

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