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(영문) 청주지방법원 2012.09.19 2011가합5810
추심금 반환
Text

1. The Defendant shall pay to the Plaintiff KRW 116,35,569 and the interest rate of KRW 20% per annum from October 14, 201 to the date of full payment.

Reasons

1. Basic facts

A. On November 10, 2010, the Defendant, who is a contractor for new construction of three sections of AB apartment units, ordered by the Korea Land and Housing Corporation, contracted the instant construction work with the same land building and jointly with the Defendant, on November 10, 201, with the contract price of 4,440,000,000, and with November 10, 201 to October 31, 201, the construction period of reinforced concrete construction (hereinafter “instant construction”). The Defendant contracted the instant construction work with the same land building, and there seems to be no fact that there was no separate agreement on the share of construction cost between the same land building and the Sung Forest T&C.

B.

The Defendant urged the implementation of the instant construction on May 20, 201, and on May 27, 201, when Slimb delayed the implementation of the instant construction, and on the 27th of the same month, the Defendant did not comply therewith.

6.2. Around that time, notification of the intent to terminate the instant construction contract was given, and the declaration of intent to terminate was reached by Sung C&C.

C. On March 17, 2011, the Plaintiff received a decision on provisional seizure of claim against KRW 117,996,673 of the instant construction price claim against the Defendant by Sungsung C&C as Seoul Central District Court 201Kadan962 (hereinafter “instant provisional seizure”), and the original copy of the said decision was served on the Defendant on March 21, 201.

The Plaintiff filed an application with the Seoul Central District Court for the attachment and collection order, based on the executory copy of the protocol of mediation with the executory power over the cases of construction materials rent for 2011Gahap945, the Plaintiff transferred the instant provisional seizure to the Defendant as the provisional seizure. On June 23, 2011, the said court transferred KRW 116,335,569, out of the construction cost claim of the instant construction cost claim the Defendant had against the Defendant, and issued the instant seizure and collection order that the Plaintiff may collect the said seized claim, and the original copy of the attachment and collection order was served on the Defendant on the 29th of the same month.

E. By the time of termination of the instant construction work.

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