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(영문) 수원지방법원 2018.11.08 2017가합18296
직불금
Text

1. The defendant shall pay to the plaintiff KRW 258,39,358 and KRW 227,557,691 among them from July 15, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company running a temporary re-lease business, and the Defendant subcontracted to Nonparty C (hereinafter referred to as “C”) the construction of reinforced concrete (hereinafter referred to as “instant construction”) among the construction of the D Building in Suwon-si, Suwon-si, with the total construction cost of KRW 4,00,000,000 (excluding value-added tax) and the construction period from April 22, 2016 to May 31, 2017.

B. On April 20, 2016, the Plaintiff leased temporary materials, such as wood and Gohap, respectively, by setting the rental period from April 20, 2016 to February 20, 2017, with respect to the construction of reinforced concrete of the said D building, from April 20, 2016 to February 20, 2017.

On September 1, 2016, the Plaintiff: (a) set the rental period from September 1, 2016 to April 30, 2017; and (b) additionally leased external rain necessary for the instant construction to C, with the rent of KRW 45,00,000.

C. On December 5, 2016, the Plaintiff: (a) attached the amount equivalent to KRW 400,000,000 out of the instant construction price (except for the claim to prohibit seizure of wages and wages) against the Defendant on December 5, 2016, as C did not pay the above temporary rent; and (b) the written decision of provisional attachment was served on the Defendant on December 8, 2016.

(U.S. District Court 2016Kadan204273). D.

On December 22, 2016, the Plaintiff, instead of cancelling the provisional attachment, was issued a “written consent to direct payment of the subcontract price” with the purport that the Defendant would pay the Plaintiff KRW 430,680,000 for the temporary site rent of KRW 65,589,00 on December 31, 2016, KRW 120,000 on January 31, 2016, KRW 120,000 on February 28, 2016, KRW 10,000 on March 31, 2016, KRW 100,000 on KRW 10,000 on March 31, 2016, and KRW 25,091,00 on April 30, 2016.

C attached a written statement of the above direct refusal to the Defendant on the same day, and sent to the Plaintiff a written statement that the Plaintiff seeks cooperation on each of the above dates, and the Defendant on the same day attached with C’C and the Plaintiff’s written statement of the direct refusal to pay the amount, and attached at the time of C’C and the Plaintiff’s temporary re-payment.

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