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(영문) 서울서부지방법원 2015.11.25 2014가단42724
약정금
Text

1. The Defendants jointly share KRW 50,000,000 to the Plaintiff, and Defendant B from November 7, 2014 to Defendant C, and Defendant C from November 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Co., Ltd. shall be a sewage-oriented construction company that has been awarded a subcontract for waterproof construction works and a waterproof construction works among the construction works in Chungcheongnam-gun, Chungcheongnam-gun, Hong-gun, Hong-si, the Simsan Construction Co., Ltd. (hereinafter “DE subcontracted Corporation”), Defendant B shall be a “field management director” who directed at the site of the DE subcontracted construction works in the Seoul Special Metropolitan City, and Defendant C shall be a “management director” who manages the DE subcontracted construction works in the Seoul Special Metropolitan City, in the field of the Seoul Special Metropolitan City Co., Ltd.

B. The Plaintiff supplied construction materials to the Co., Ltd. Co., Ltd., but did not receive KRW 113,076,394 out of the material price (Seoul District Court Order 2014Guj2788 dated May 14, 2014), and upon receipt of the above payment order, received a collection order of the claim amounting to KRW 115,849,382 with respect to the claim amount for the construction cost of the DE subcontracted construction construction construction project by the said payment order, and received a collection order of the claim amounting to KRW 115,849,382 (Seoul Southern District Court Order 2014TJ262 dated June 25, 2014), and the above collection order was served to the Co., Ltd., a third debtor on June 30, 2014.

(hereinafter “First seizure collection order”). C.

The Co., Ltd. in the case of the construction project in the field by Pyeongtaek Sewage Construction Co., Ltd., in the case of the construction project in the field, if the subcontracted project is delayed due to the failure to pay the wages, material costs, and re-subcontract construction cost, the sewage contractor is deemed not capable of performing the subcontracted project, and the subcontractor terminated the subcontracted project contract and excluded the sewage contractor from participating in the subcontracted project.

The defendants requested the plaintiff to cancel the execution of the first seizure collection order, because of the first seizure collection order, so it is likely that the Geumcheon Construction Co., Ltd. would suffer from the disadvantage of the termination of the DE subcontracted construction contract from the construction of Skhee. In the process, the plaintiff and the defendants agreed to the following contents on July 1, 2014, and "the agreement of this case" is "the agreement of this case.

(2) the same day.

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