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(영문) 의정부지방법원 고양지원 2018.09.21 2018가단1615
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 100,442,956 and the interest rate of KRW 15% per annum from February 13, 2018 to the date of full payment.

Reasons

1. Fact-finding;

A. On November 21, 2017, the Plaintiff issued a seizure and collection order as to the above KRW 100,442,956 out of the construction cost claims based on the subcontract agreement of the non-party company as a notary public with respect to the non-party company C (hereinafter “non-party company”) holding KRW 100,442,956, based on the Notarial Deed No. 497, No. 497, Nov. 21, 2017, the Plaintiff issued a seizure and collection order as to the above KRW 100,442,956 among the construction cost claims arising from the subcontract agreement of the non-party company against the Defendant.

The defendant was served with a seizure and collection order on November 23, 2017.

B. The subcontract for the instant construction project is a content that the Defendant, among the E-works contracted by F, set the construction cost as KRW 4,693,000,000, and subcontracts to the non-party company on November 10, 2017, the part of reinforced concrete and civil construction among the E-works contracted by F, which the Defendant received from F as a foundation.

C. The construction subcontract of this case was terminated even when the non-party company did not complete the construction of this case while implementing the construction of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, testimony of witness G and purport of whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion as to the cause of the instant claim is at least the Plaintiff’s claim against the non-party company at the time of termination of the instant subcontract agreement. Thus, the Defendant is liable to pay to the Plaintiff the collection amount of KRW 100,442,956 and delay damages.

B. (1) In full view of the written evidence Nos. 3 and 4 and the testimony of witness G, the Defendant Company’s regular business H (H was in charge of all negotiations and contacts between the Nonparty Company and the Defendant regarding the conclusion and progress of the instant subcontract agreement) on February 24, 2018, which was executed by the Nonparty Company G to the representative director G of the Nonparty Company on February 24, 2018.

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