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Reasons
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(영문) 부산지방법원 2015.11.13 2014나19636
추심금
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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Basic facts

A. The Plaintiff filed a payment order with the Busan District Court Decision 2014Da5841, which claimed payment of KRW 17.5 million and damages for delay with respect to the Sejong Electrical Co., Ltd. (hereinafter “Symmetric Electricity”), and the said payment order became final and conclusive.

The Plaintiff, as executive title of the foregoing payment order, filed an application with the Changwon District Court for the attachment and collection order of the claim of KRW 17,50,000,000 among the construction cost claims against the Defendant of Sejong Electrical, under the Changwon District Court Branch Decision 2014TTT2582, and received the decision of acceptance on May 27, 2014, and served the Defendant on May 30, 2014, and the said decision became final and conclusive around that time.

B. On April 8, 2013, Sejong Electricity and Es Energy Co., Ltd. (hereinafter “S Energy”) entered into a contract with the Defendant for construction works for solar power plants (capacity: 1,000 kw) with the head of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company in charge of the company (hereinafter “instant contract”).

1. 대금지불조건 ▷ 계약금 18% - 계약시 20% 지급, 모듈설치 후 사용검사 전 80% 지급 일금 4억 원(부가가치세 별도) ▷ 기성금 72% - PF 발생시 PF 자금으로 지급(PF 발생 이전에 소요되는 공사비 등은 이 사건 공동수급인들이 전적으로 부담하여 공사기한 내에 공사하기로 한다) 일금 16억 3,400만 원(부가가치세 별도) ▷ 잔금 10% - 일금 2억 3,600만 원(부가가치세 별도) 준공 후 10일 이내 현금 지급

2. Other matters. (3) The owner of the project shall, at the time of loaning a PF loan, have the landowner provide the land as a security.

8. All business affairs incidental to the PF loan shall be conducted by the joint contractor of this case.

3. Special agreements.

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