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(영문) 서울중앙지방법원 2020.06.08 2018가단5262069
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 20, 2016, the Defendant awarded a contract for the construction of D’s neighborhood living facilities (hereinafter “instant construction”) to C Co., Ltd. (hereinafter “C”) (hereinafter “instant contract”). The main part of the contract is as follows.

3. Period of a contract: From September 20, 2016 to November 30, 2016.

4. Contract amount: Won 322,481,000 won in daily gold (Won 322,481,000) (Labor cost: Won 120,151,000 won in daily gold) shall be adjusted and paid later;

7. Completion portion: Payment of construction expenses following a Initial inspection.

9. Warranty liability (in cases of a complex type of work, classified by type of work) shall be submitted with securities, etc. on warranty liability prior to the payment of the contract price ratio for warranty of defects by type of work by type of work (%) and the standard amount shall be the sum of construction expenses paid by type of work and remainder;

Amount of contract ¡¿ (10) 3 years after completion of construction x (10) 3 years after completion of construction x (10) x contract amount of metal, windows, and glass construction x (10) x (10) year after completion of construction x contract amount of installation and telecommunications construction x (10) x (5) year after completion of construction x 2 years after completion of construction x 10/100 (10/100) : The contract amount of installation and telecommunications x x 1 year after completion of construction x 2 years after completion of construction x 10/100 (5/100 at the time of issuance of securities): The contract amount per day (3) 1/100) .

B. (1) On October 2017, the Plaintiff filed an application for provisional seizure against claim with C as the debtor, and the Defendant as the third debtor (Seoul Central District Court 2017Kadan882), and received the decision of provisional seizure on October 20, 2017, and received the decision of provisional seizure (hereinafter “decision of provisional seizure of this case”).

(2) On November 15, 2017, the Plaintiff filed a lawsuit (Seoul Central District Court 2017Da5196028) against C to seek the payment of the construction cost, and won.

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