(영문) 서울남부지방법원 2016.10.13 2016가단213583

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(영문) 서울남부지방법원 2016.10.13 2016가단213583

보관금반환

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1. The Defendant shall pay the Plaintiff KRW 195,100,000 and the interest rate of KRW 15% per annum from April 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The two joint construction industry (hereinafter “dual construction industry”) contracted the construction of the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building for the building of the building for the building for the building for the building of the building for the building for the building of the building for the building of the building for the building.

B. The two construction industry did not pay the construction cost to subcontractors including the Plaintiff.

Therefore, subcontractors, including the plaintiff, possessed the commercial building of this case on December 24, 2013 and exercised the lien.

Then, on January 18, 2014, he/she was deprived of possession through the service company.

Accordingly, subcontractors, including the Plaintiff, filed a lawsuit claiming the recovery of possession in Cheongju District Court 2014Kahap1673, and was sentenced to partial winning on December 18, 2014.

In addition, around that time, the Cheongju District Court 2014Gahap25877 decided on the existence of a debt for the ancient-do and the two-public construction industry, "a payment of KRW 1 billion to the two-public construction industry" was established in the lawsuit for confirmation of existence of a debt.

C. Around that time, subcontractors, including the Plaintiff, appointed the Defendant as the representative and negotiated with the Defendant, and agreed to distribute the amount to the subcontractors after receiving the transfer of the amount as a result of the negotiations (No. 10, hereinafter “instant agreement”).

In addition, on January 6, 2015, 2015, the client, the subcontractor(D and 6 others) agreed to pay 800 million won directly to the subcontractor.

Among them, the construction cost of the plaintiff was KRW 195,100,000.

The defendant, as the representative of the subcontractor, was paid KRW 80 million from the ancient stones.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 11 and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion (1) The defendant is obligated to pay to the plaintiff 195,100,000 won and damages for delay pursuant to the agreement of this case.

(2) The defendant's mixed deposits are illegal.

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