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(영문) 울산지방법원 2019.08.27 2018가단74954
공사대금
Text

1. The defendant shall receive 36,500,000 won from C as the warranty bond or shall be stated in the attached Form.

Reasons

1. Basic facts

A. On September 28, 2018, the Defendant entered into a contract with C on September 28, 2018, with respect to E Inteinte Works in Ulsan-gu, Ulsan-gu, with the construction cost of KRW 1.90 million, the warranty bond of KRW 95 million, and the warranty bond of KRW 95 million (payment in cash or with the guarantee bond issued by the guarantee agency until the payment of the price after the completion inspection) (hereinafter “instant contract”). The Defendant shall pay KRW 112,319,090, out of the construction price

C. On the other hand, on August 6, 2018, the Plaintiff concluded a subcontract with respect to the Fire Fighting Corporation (hereinafter “instant construction”) among the remodeling construction works ordered by C and the Defendant, and settled the total intermediate payment and completion amount as KRW 36.5 million on October 13, 2018.

The creditors of C, including the plaintiff, have seized or provisionally seized the claims for the construction price due under the contract of this case against C against the defendant as the third debtor as shown below. On June 25, 2019, the defendant deposited KRW 17,319,090, excluding the amount equivalent to the warranty bond, from among the unpaid construction price obligations to C pursuant to Article 248(1) of the Civil Execution Act on June 25, 2019.

[Attachment 12,217,490 won (service on September 13, 2018) of provisional seizure F 112,217,490 won (service on September 13, 2018) of the District Court Act, Ulsan District Court Decision 2018Da101987 delivered on October 26, 2018, Busan District Court Decision 2018Kadan108887, Busan District Court Decision 2018Da36168, Oct. 24, 2018) and the collection order of Plaintiff 2018Hu368, Busan District Court Decision 201, Jun. 15, 2018, Busan District Court Decision 2018Da361068, Jun. 24, 2018, Busan District Court Decision 2018Da3610681, Jun. 16, 2018.

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