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(영문) 광주지방법원 2020.03.19 2019가단502032
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the payment order in the Gwangju District Court 2018 tea4875 case.

Reasons

1. Facts of recognition;

A. On October 11, 2016, the Plaintiff: (a) determined the contract amount of KRW 14.7 billion (including value-added tax; hereinafter the same shall apply) and the construction period from November 7, 2016 to May 31, 2018 with respect to D’s “D” from C (hereinafter referred to as “C”); and (b) received the contract;

(hereinafter “instant contract”). B.

On July 25, 2017, the Plaintiff subcontracted the contract amount of KRW 2,756,270,000 and the construction period from July 25, 2017 to March 31, 2018 with respect to the Saturdays (hereinafter “instant construction”).

(hereinafter referred to as “instant subcontract contract” and the construction cost under the said subcontract contract shall be referred to as “construction cost of the instant case”).

C On September 12, 2017, the Plaintiff notified the Plaintiff of the termination of the instant subcontract, and on the same day, the Plaintiff notified the Defendant of the termination of the instant subcontract on the same day (However, the notice of termination was delivered to the Defendant on September 26, 2017), and the instant construction was suspended around that time.

On the other hand, upon the termination of the instant contract, the contractor under the said contract was changed from the Plaintiff to F (hereinafter “F”).

At the time of the termination of the subcontract contract of this case, the Plaintiff failed to pay the construction cost of this case to the Defendant, and accordingly the Defendant failed to pay the equipment cost to the equipment company invested in the construction work of this case.

Accordingly, F paid 114,912,00 won directly to the equipment company, as shown in attached Table 1, from November 24, 2017 to April 30, 2018.

E. Meanwhile, the Defendant filed an application against the Plaintiff for a payment order claiming payment of KRW 243,280,322, excluding KRW 38,000,00, which was paid by C, on the premise that the construction cost of KRW 281,280,322 has occurred until the discontinuance of the instant construction work.

(Maju District Court 2018 tea4875). Gwangju District Court shall be the Gwangju District Court.

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