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(영문) 수원지방법원 2019.01.11 2018가단3263
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 60,413,797 as well as KRW 59,00,000 among them, from February 27, 2018 to January 11, 2019.

Reasons

1. Facts of recognition;

A. The Defendant entered into a contract with the Korea Highway Corporation for “D” construction, and entered into a subcontract with E Co., Ltd. (hereinafter “E”) for drainage and retaining wall construction during the said construction (hereinafter “instant construction”) at KRW 447,00,000 for construction cost (excluding value-added tax).

The Defendant initially asserted to the effect that there was no subcontract agreement between E and the instant construction work, but acknowledged that the Defendant subcontracted the instant construction work to E in the preparatory document dated October 11, 2018.

B. Around October 2016, Defendant and E entered into an additional subcontract with respect to two processes, including L-type L-type L-type L-type L-type, and the total subcontract price was KRW 544,800,000 (excluding value-added tax).

(hereinafter collectively referred to as the “instant subcontract”). C.

On April 1, 2016, the Plaintiff entered into a sub-subcontract of construction cost of KRW 269,50,000 (including value-added tax) with respect to the structure construction of E and the instant construction work, and completed the said construction work around November 20, 2016.

On May 10, 2017, the Plaintiff was issued a provisional attachment order with respect to the claim for the remainder of the subcontract price for the subcontracted project to E (the claim amounting to KRW 64,900,000) with respect to the claim for the remainder of the subcontract price for the subcontracted project (the claim amount to KRW 64,90,000), and the said decision was served on the Defendant, who is the garnishee, on May 15, 2017.

E. The Plaintiff filed an order against E to pay the remainder of 59,000,000 won for the re-subcontracted construction work and the delayed payment damages therefor, and the payment order on June 29, 2017. The said payment order was served to E on July 4, 2017, and became final and conclusive on July 19, 2017.

F. On August 3, 2017, the Plaintiff rendered the instant provisional attachment order under the instant payment order to the Daegu District Court and racing-support 2017TTT1870.

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