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(영문) 광주지방법원 2014.09.02 2013가단517360
청구이의
Text

1. Compulsory execution based on the payment order of the construction cost case against the defendant against the plaintiff of this court 2013 tea7851 is 77,000.

Reasons

1. Facts of recognition;

A. On March 15, 2013, the Plaintiff (formerly a limited liability company) is a local highway located in the former-Naman-gun (Seoul) to the Defendant on March 15, 2013.

8. From 25 to 30. Of the typhoon damage restoration projects, the earth strawing construction contract amounting to KRW 198,000,000 (including value-added tax) was awarded.

B. On August 26, 2013, the Defendant applied for a payment order against the Plaintiff for the payment of the said construction cost on the ground that the Defendant failed to receive part of the construction cost under the said contract, and received the payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount equivalent to KRW 167,059,450 per annum 20% per annum from September 10, 2013 to the date of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on September 24, 2013.

C. On August 23, 2013, the Defendant provisionally attached the Plaintiff’s claim for construction payment against Jeonnam-do with the claim amounting to KRW 167,059,450.

On September 10, 2013, the Plaintiff agreed with the Defendant as follows:

(hereinafter referred to as “instant agreement”). [Written agreement] The Plaintiff and the Defendant shall agree as follows and keep one copy of each agreement:

1. It is agreed to conclude the above site construction cost by additionally paying KRW 70,000,000 to the amount that the Plaintiff paid to the Defendant as the above site construction cost.

2. The defendant, upon receiving KRW 70,000,000 from the plaintiff, shall terminate the application for provisional attachment and payment order under a legal measure on this case, and shall issue tax invoices at the intervals of issuing them.

3. The contents of the above agreement shall take precedence over all others.

[Ground of recognition] Facts without dispute, Gap evidence 3, 5, Eul evidence 7 and 8, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, it can be recognized that the amount the plaintiff should pay to the defendant under the above contract is KRW 77,00,000 (including value-added tax).

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