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(영문) 수원지방법원 2017.06.28 2016가단48514
오수처리시설관리대금
Text

1. The Defendant: (a) KRW 20,634,022 on the Plaintiff and 6% per annum from July 1, 2016 to October 19, 2016 on the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant entered into an entrustment management agreement with the management body of the Bananandae-gu 580, Panandong-si, Pansung-si, Pandong-ri, 580, and carries out the management affairs of the Banandae-gu Subdivision.

B. On June 1, 2011, the Plaintiff entered into a contract with the Defendant for the management of sewage treatment facilities with the terms of the contract period from June 1, 2011 to May 31, 2012 (in the event that the contract termination date expires, an automatic extension is not made by the Defendant’s written notification of termination, and if the Defendant wishes to terminate the contract, a written notification shall be made one month in writing), the contract amount of KRW 1 million per month (excluding value-added tax), and the payment date: The date of payment determined as the end of each month as the settlement date (hereinafter “instant contract”), and conducted the inspection and management of the above sewage treatment facilities.

C. The Plaintiff filed a lawsuit against the Defendant seeking unpaid service costs by the Suwon District Court Decision 2014Da58722, July 31, 2014. In the said litigation proceedings, on November 20, 2014, the Defendant paid the Plaintiff KRW 33 million in 11,00,000 as at the end of each month from January 31, 2015 to November 30, 2015. If the payment of the installment is delayed on one occasion, the due interest shall be lost and the unpaid amount shall be immediately paid, and the adjustment was established to pay the unpaid amount by adding the delay damages at a rate of 20% per annum from the day following the first day to the day of full payment.

The Plaintiff received, respectively, KRW 3 million on January 30, 2015; KRW 3 million on February 27, 2015; KRW 3 million on March 31, 2015; KRW 3 million on April 30, 2015; KRW 3 million on July 2, 2015; KRW 3 million on August 30, 2015; KRW 3 million on August 30, 2015; KRW 3 million on October 30, 2015; and KRW 3 million on February 5, 2016; and KRW 6 million on December 30, 2016.

In addition, based on the above protocol of conciliation, the Plaintiff received the Suwon District Court 2016TTT 7783 and received a collection order for the seizure and collection of claims on January 6, 2017, and seized KRW 600,000,000 on January 9, 2017.

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