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(영문) 수원지방법원성남지원 2017.07.14 2016가합207047
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 206,805,569 and the interest rate of KRW 15% per annum from June 1, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. 1) The Defendant’s Intervenor is a company engaging in the business of environmental pollution prevention facility business. The Defendant is a legal entity comprised of occupant enterprises in the above industrial complex for the maintenance of public and joint use facilities and support business, etc. in the franchise-dong industrial complex. 2) The Plaintiff is a person who has a claim against the Defendant’s Intervenor for acquisition money, a claim for purchase price of goods

B. The Intervenor joining the Defendant and the Defendant enter into an entrustment agreement between the Intervenor joining the Defendant and the Defendant (hereinafter “instant entrustment agreement”) and the Defendant, on December 21, 2012, to entrust the management of the operation of the closed wastewater treatment plant in the Madong Industrial Complex (hereinafter “the instant entrustment agreement”).

Article 4 (Period of Entrustment and Modification of the Convention) (1) The period of the above-mentioned entrustment agreement shall be from January 1, 2013 to December 31, 2013. (2) The automatic extension of the contract without any mutual objection by two months before the expiration of the contract period shall be made automatically once a year without renewal, except for each other. Article 5 (Entrustment Management Expenses and Payment Methods) (1) The expenses incurred in the entrustment of the operation and management of disposal facilities shall be KRW 135,00,000 per annum (excluding value-added tax), limited to the operating personnel expenses. ① The entrusted management expenses under Article 5(1) shall be paid in 12 months equal annual installments.2) The above-mentioned entrustment agreement continues to be renewed after the expiration of December 31, 2013, which is the expiration of the original contract.

C. On October 7, 2014, the Suwon District Court rendered a request for provisional attachment of the claim amounting to KRW 300,000,000 out of the entrusted management expense bonds of this case under the Sung-nam Branch of Sung-nam Branch of 2014Kadan62273, in order to secure the claim for the proceeds of transfer and the proceeds of goods against the Defendant’s Intervenor. On October 31, 2014, the above provisional attachment application was accepted, and the provisional attachment order was made on October 31, 2014, and the provisional attachment order was made on November 3, 2014.

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