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(영문) 대구지방법원서부지원 2020.08.12 2018가단13305
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 31, 2017, the Defendant entered into a contract with D (hereinafter “D”), setting the construction cost of Fdong Newly constructed construction as KRW 522,00,000, and the construction period from April 24, 2017 to October 31, 2017 with respect to G and Hdong Newly constructed construction among the instant construction works, and entered into a contract by setting the construction cost of KRW 1,506,000,000,000, and from April 27, 2017 to November 30, 2017.

B. Around April 2017, Company I (hereinafter “I”) entered into a subcontract with D during the instant construction period of KRW 150,000,000, and the construction period from May 1, 2017 to December 31, 2017 with respect to the payment method of the construction price, and entered into an agreement regarding the payment method of the construction price as follows. Around December 26, 2017, the construction work was completed.

J K LDD D

C. Around January 2018, D completed the instant construction, and on January 26, 2018, with respect to each subparagraph of multi-household housing Fdong, registration of preservation of ownership in the name of the Defendant was completed in relation to each subparagraph of multi-household housing G and H Dong respectively on February 14, 2018.

The Defendant paid the instant construction cost in cash to D or its subcontractor from August 2017 to August 2018 or paid part of the instant multi-household housing as payment in kind.

As above, each real estate paid by payment in kind has been transferred by the subcontractor to a third party and the ownership transfer registration has been completed directly from the defendant to the third party. The details are as follows.

No. 69,981,100 N.O. 2 J. 68,057,00 L on April 25, 2018, when the ownership transfer registration date of a real estate repayment subcontractor for payment in kind is transferred, the title holder of the ownership transfer registration date of the real estate repayment in kind shall be the sum of P 3 Q 69,981,100 R on March 20, 2018 and 68,057,00 I T. 5 L on February 7, 2019 and T. 79,000,000 I on February 7, 2019, U. 655,000 U.S. 84,000,000 on April 27, 2018; and

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