logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.11.13 2018가합586156
추심금
Text

1. The defendant,

A. As to KRW 728,00,000 for Plaintiff A and KRW 201,00,000 among them, from January 23, 2019 to January 23, 2019.

Reasons

The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the overall purport of the arguments in Gap evidence Nos. 4-8 and Eul evidence No. 2.

On May 17, 2016, the Defendant entered into a contract with D (hereinafter “D”) and E (hereinafter “instant building”) by stipulating that the construction amount shall be KRW 28,238,100,00 (including value-added tax; hereinafter the same shall apply) as “28,238,10,000 (including value-added tax; hereinafter the same shall apply) for the new construction of accommodation facilities (hereinafter “instant building”) on the land outside E and six parcels, “15 months from the date of commencement after the commencement of the construction report”; and that “the payment of the progress payment shall be made in cash every two months from the date of commencement of the actual construction after the completion of the report on commencement of the construction, and it shall be possible to make an additional claim twice a year exceptionally.” On June 30, 2017, the Defendant entered into a contract to change the construction price to KRW 24,020,000.

(B) The Plaintiff Co., Ltd. (hereinafter “Plaintiff B”) received a collection order (hereinafter “the instant order of seizure”) against the portion of the instant construction cost claim (excluding the amount prohibited from seizure under Article 88 of the Framework Act on the Construction Industry) as the Incheon District Court’s KRW 237,762,207 among the instant construction cost claim (excluding the amount prohibited from seizure under Article 88 of the Framework Act on the Construction Industry) based on the authentic copy of a notarial deed with the executory power prescribed in subparagraph 574 of December 15, 2017, 2017, No. 574, No. 2016, Dec. 2017; and the said seizure order was served on the Defendant, a debtor, who was a third party debtor on December 20, 2017.

Plaintiff

A Co., Ltd. (hereinafter referred to as “Plaintiff A”) shall be based on the executory exemplification of a notarial deed No. 641 of March 5, 2018, drafted by Law Firm H, 2017, as Incheon District Court 2017TT27298, provided, however, Article 88 of the Framework Act on the Construction Industry.

arrow