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1. The Defendant’s payment order with executory power in the claim for construction cost against the Plaintiff at the Gwangju District Court 2013 tea6611.
Reasons
1. Facts of recognition;
A. On November 23, 2012, the Plaintiff awarded a contract for the new construction of urban-type residential housing (A and B) on three parcels, including Gwangju-gu Seoul-gu, and on November 23, 2012, the Plaintiff awarded a subcontract to the Defendant for the new construction of the said new construction (hereinafter “instant subcontract consideration”) in the aggregate of KRW 340 million in construction cost (hereinafter “instant subcontract consideration”). Of them, the Defendant completed the instant construction work on June 2013.
B. On December 14, 2012, the Defendant received a written confirmation that the instant subcontract consideration is jointly and severally with the Plaintiff (Evidence 1) from A and B.
C. After that, on May 6, 2013, the Defendant requested a direct payment of the subcontract price of this case to A with the confirmation of the Plaintiff, and on May 6, 2013, A et al., upon receiving a provisional seizure from the Defendant of the Gwangju District Court 2013Kahap135, the Defendant issued and delivered a letter (Evidence 5) stating that the Defendant shall pay KRW 370 million total of the subcontract price of this case and the loan KRW 340 million and the loan KRW 30 million to the Defendant, and fulfilled a promissory note official certificate (Evidence 6) with respect to the above money.
On June 1, 2013, the Plaintiff agreed to pay A the amount of KRW 1,971,784,180 out of the amount of KRW 2,922,160,00 for the Newly-built Construction Work and Newly-built Construction Work.
E. On July 18, 2013, the Defendant filed an application with the Gwangju District Court for a payment order against the Plaintiff and A seeking the payment of the instant construction cost, and issued a payment order to the Plaintiff and A, “The Plaintiff and A shall jointly and severally pay the Plaintiff KRW 240 million and the amount calculated at the rate of 20% per annum from July 24, 2013 to the date of full payment,” and the said payment order became final and conclusive as it is.
(F) On the other hand, A paid to the Defendant KRW 80 million on May 23, 2013, KRW 50 million on July 5, 2013, and KRW 140 million on November 15, 2013, respectively.
[Ground of recognition] Unsatisfy, A(1) through (3)