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(영문) 서울고등법원 2014.12.16 2014나10849
추심금
Text

1. Of the judgment of the court of first instance, the Plaintiff falls under the money that orders the Defendant to pay to the Plaintiff.

Reasons

1. Basic facts

A. On September 2, 2008, the Plaintiff filed a lawsuit against C seeking the payment of the above transfer amount on the ground that C acquired the claim of KRW 69,466,712 from a limited cable corporation and obtained consent from C to the above transfer of the claim. On November 21, 2008, “C shall pay to the Plaintiff an amount equivalent to 20% per annum from October 16, 2008 to the full payment date” was sentenced to the Plaintiff’s favorable judgment (Seoul Southern District Court 2008Dadan89037) and the above judgment was finalized on December 17, 2008.

B. On March 7, 2013, the Plaintiff received a seizure and collection order (Seoul Southern District Court 2013TW 4257, hereinafter “instant seizure and collection order”) as to the amount up to 125,98,395 won out of the construction cost of the electricity, telecommunications and fire-fighting construction works (hereinafter “instant subcontracted construction”) among the construction cost of the construction of the apartment on the land and one parcel outside Seo-gu, Seo-gu, Seo-gu, Seo-gu, and Seo-gu, Seocheon-gu, and served the Defendant with the above seizure and collection order.

C. The said E Apartment Construction Corporation awarded a contract for construction with the owner of the building, and ordered the Defendant who runs the construction business with the trade name of “F”.

Standard subcontract form of construction works

1. A project owner: The notice of the “ARA” is deemed to be a clerical error.

F The name of the prime contractor: E-family remaining construction

2. The name of the subcontracted project: Electricity, communications, and fire fighting;

3. The construction site: E-family units in K in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-do.

4. Period of construction: 380,000,000 won for the contract on February 5, 2013, the completion of construction on September 20, 2012;

6. Payment of the price;

(a) Advance payment: Reference to the special agreement (1) the contents and proportion of the advance payment within (2) days after the contract is concluded; and

(b)the completed portion (1) monthly (2) the date of receipt of the object;

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