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(영문) 서울고등법원 2019.11.01 2019나2014606
추심금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On March 8, 2016, C Co., Ltd. (hereinafter “C”) and the Defendant concluded a construction contract with the Defendant to accept the instant construction contract from the Defendant to KRW 1,496,00,000 (including additional tax; hereinafter the same) for the construction contract amount (hereinafter “instant subcontract”).

B. On December 2, 2016, the Plaintiff: (a) as the title of execution; (b) C; (c) as the third debtor; and (d) as the third debtor; and (c) as the sum of all the construction costs to be paid by C pursuant to the instant subcontract (excluding the amount equivalent to wages to be paid to workers whose seizure is prohibited by Article 88(1) of the Framework Act on the Construction Industry and Article 84 of the Enforcement Decree of the same Act) to the Defendant (excluding the principal of KRW 500 million and damages for delay calculated at the rate of 15% per annum from December 31, 2014 to September 2, 2016; and (d) the amount calculated at the rate of 15% per annum from the following day to September 2, 2016; and (e) the amount of money to be paid to the Defendant under the instant subcontract plus the amount of KRW 568,383,560 under the said Reconciliation Recommendation and the amount of damages for delay from December 316, 2016, 2016.

C. On December 26, 2016, the Defendant requested C to take measures to continue the construction, such as resolving the instant seizure collection order until December 28, 2016, but C did not take any measures, and the instant subcontract was terminated on December 29, 2016.

C performed the instant construction project by the end of December 2016, where the instant subcontract was terminated, as seen above, but thereafter suspended. D.

Meanwhile, the Defendant’s instant case from May 18, 2016 to November 24, 2016.

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