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(영문) 인천지방법원 2019.07.10 2017가단35617
전부금
Text

1. The Defendant’s KRW 74,203,684 as well as 5% per annum from October 27, 2017 to July 10, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 15, 2015, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract with the Defendant on September 15, 2015, for the new construction of the Seo-gu Incheon District E-Ground (hereinafter referred to as “instant factory”) (hereinafter referred to as “instant construction”) on September 21, 2015; January 20, 2016; the down payment of KRW 1,487,200,00 (excluding value-added tax); and the rate of liquidated damages of KRW 1/100.

B. Since then, a separate construction contract was concluded between C and the Defendant regarding the completion date of the instant plant construction project on May 31, 2016 and the down payment 490,000,000 (excluding value-added tax) upon the completion date of the instant factory construction project to construct a new Ddong.

C. On September 21, 2015, the date of commencement after combining the above two contracts, the Defendant and C newly drafted a contract for the construction work at the rate of 1/1000 for delay compensation (hereinafter “instant construction contract”) and a contract for the construction work at the rate of 1/1000 for the completion of the relevant construction work on January 20, 2016, the date of completion of the said two contracts, and the written agreement for the extension of the construction period until May 31, 2016, was also drafted.

The head of the Incheon Seo-gu Office approved the use of the factory of this case on December 9, 2016.

E. On March 14, 2017, the Plaintiff was issued an assignment and assignment order of claim amounting to KRW 74,203,684 (hereinafter “instant assignment order”) with respect to the claim for the construction price of F-factory Construction Work Claim against the Defendant by the obligor C against the Defendant by the obligor C, as the Incheon District Court Decision 2016Da4920 decided on March 14, 2017. The instant assignment order was served on the Defendant, the garnishee, the Defendant, on March 17, 2017, and became final and conclusive on April 5, 2017.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 1 through 2, Eul's evidence 9 and 31 (including each number), the purport of the whole pleadings

2. Determination of the cause of the claim is based on the construction cost of KRW 2,145,00,000,000.

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