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(영문) 대전지방법원서산지원 2020.08.19 2020가단51131
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 31,089,241 and a rate of 12% per annum from March 10, 2020 to the day of complete payment.

Reasons

1. The Plaintiff, at around July 2017, received a supply of and demand for installation works for a combat aircraft hangar from C Co., Ltd. (hereinafter referred to as “C”) around the Cheongju-si, Cheongju-si, D, and the same year.

9. 19. Awarding part of the above construction work to the Defendant.

The Plaintiff was able to receive KRW 576,134,80 from C by December 31, 2018 after completing the said construction work around November 2018. However, the Defendant provisionally seized the claim for the false construction cost as the preserved claim (St. 2018Kahap5103, Seosan Branch of Daejeon District Court Decision 2018Kahap5103, Nov. 5, 2018), and C deposited the remainder of the construction work on May 23, 2019.

On December 3, 2019, the Defendant lost the case on the merits and withdrawn the provisional seizure, and the Plaintiff received the deposit money.

Therefore, from November 5, 2018, the delivery date of the above written decision on provisional seizure of claims to the Plaintiff, the Defendant is liable to compensate the Plaintiff for the damages that the Plaintiff could not receive KRW 576,134,80 for the remainder of the construction from December 3, 2019 to December 3, 2019, namely, the amount equivalent to the interest (=576,134,800 x 394/365 x 5%).

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deemed as private capital);

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