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(영문) 서울중앙지방법원 2015.07.17 2014가단5222506
전부금
Text

1. The Defendant: (a) 22,116,053 won to Plaintiff Sung Mando and other Japan Co., Ltd; and (b) from September 15, 2014 to July 17, 2015, respectively.

Reasons

1. The plaintiffs asserted that they are entitled to the payment of the full amount of the instant construction (the details of the payment are deemed to be set forth in paragraph (2) below) against the defendant of the machinery and equipment corporation, respectively.

The defendant asserts that the defendant does not have any balance of the construction cost to be paid to the lender, if the construction cost already paid to the lender, the damages in lieu of defect repair, and the construction cost directly paid to the substitute pumps.

2. Fact-finding;

A. On May 13, 2013, the Defendant subcontracted the instant construction contract between the Defendant and the lender’s machinery and equipment to the lender by determining the contract amount of KRW 225,50,000 (including surtax) and the period of construction from May 13, 2013 to October 31, 2013, among the new construction works of the Seongdong-dong Round Association of the Korea-Nam-dong Round Dial Association (hereinafter “instant construction works”).

B. The Plaintiffs’ claim attachment and collection order, and the Plaintiff’s Sungdo and other orders were issued with respect to KRW 57,716,053 of the instant construction cost claim against the Defendant of the machinery and equipment of the lender.

The original copy of the above order was served on December 2, 2013 to the defendant.

On February 20, 2014, the original copy of the above order was served on the Defendant upon receipt of a complete order as to the above amount.

Plaintiff

Friman Mutual Assistance received a seizure and collection order against KRW 21,561,861, out of the instant claim for construction price, and served the original copy of the order to the Defendant on February 10, 2014.

On February 20, 2014, the original copy of the above order was served on the Defendant upon receipt of a complete order as to the above amount.

C. The defendant's lender's payment details of the construction price of this case on the machinery and equipment of this case are as shown in the attached Form.

Of the construction cost of this case, Dae PP Co., Ltd. which was subcontracted with the supply pumps supply from the lender of the water pumps at the construction site of this case from the lender of the machinery and equipment at the construction site of this case shall be located at the construction site of this case to the lender on December 11, 2013.

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