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(영문) 서울남부지방법원 2018.05.31 2017가합102021
추심금
Text

1. The Defendant’s KRW 169,80,000 and the Plaintiff’s annual rate of KRW 6% from April 4, 2017 to May 31, 2018, and the following.

Reasons

1. Basic facts

A. The Defendant entered into a contract for removal construction works with the Defendant Company B (hereinafter “B”) on November 20, 2014.

(B) the Defendant’s building Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”)

) A contract under which the removal works will be ordered to be subcontracted to KRW 350,000,000 for the construction cost (excluding surtax) (hereinafter “instant removal works contract”).

(2) Article 3(3)2 of the Contract for the Removal Construction Work was concluded. Article 3(3)2 of the instant Construction Work included “the removal of the instant building (including underground floors) and the disposal of residual wastes” in the scope of the removal work to be performed by B. B. B subcontracted to the Plaintiff on April 13, 2015, the removal work on the ground floor of the instant building (hereinafter “the removal work on the ground floor”). The removal work on the ground floor was completed around June 19, 2015.

B. On July 20, 2015, the Plaintiff filed an application for provisional attachment of the Plaintiff’s claim for construction price claim against B, with Suwon District Court 2015Kadan3472 (the claimed amount of KRW 59,80,000) and Suwon District Court 2015Kadan3474 (the claimed amount of KRW 110,000,000) (the claimed amount of KRW 110,000).

On August 6, 2015, the Suwon District Court rendered a decision of provisional seizure (hereinafter “decision of provisional seizure of each of the instant cases”) with respect to “the amount to be paid by the Defendant to B out of the claim amount of the remainder of the unpaid construction work to be paid by the Defendant under the contract for the removal of the instant case.”

The decision of each of the instant provisional seizure was sent to the Defendant on August 10, 2015, respectively.

C. The Defendant is an individual enterprise B and D (E representative) on October 23, 2015.

2) The agreement between the parties to the instant construction and the parties to the instant construction and the settlement of construction cost (hereinafter referred to as the “instant settlement agreement”).

A. The main contents of the instant settlement agreement relating to the instant case are as follows. Article 1 [General Provisions] A (Defendant).

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