공사대금 등
1. The intervenor succeeding to the plaintiff shall reject the application for participation in the succession of the Geumcheon-do Co., Ltd.
2. The judgment of the court of first instance is in the process of judgment.
In light of the above legal principles, the Plaintiff’s Intervenor’s Intervenor’s application for intervention by succession is unlawful, as it did not meet the requirements for intervention by succession.
3. Basic facts
A. On April 17, 2015, the Plaintiff entered into a contract for the construction of the instant construction project with the Defendant and the Busan-gun Co., Ltd. (hereinafter “instant construction project”).
The main contents of the instant contract are as follows.
Standard contract for private construction works
1. Name of the construction project: New C;
2. The construction site: The Busan Metropolitan City captain-gun C.
3. Date of commencement: Scheduled date of completion on May 4, 2015: July 31, 2015: The contract amount: KRW 1,059,794,000,000 (including value-added tax and purchase tax) per day.
8. Late portion: The payment of the price shall be made at any time under mutual agreement. (Payment in Cash) 10. Warranty liability: 11. Based on the legal warranty period for each type of construction work: Number of delayed days* 0.1% of the contract amount* Other matters: A contractor on April 17, 2015: The plaintiff.
B. The Plaintiff completed the instant construction around October 28, 2015, and the Defendant paid KRW 785,594,776 to the Plaintiff at that time.
C. Around June 2015, the Plaintiff lent KRW 280,000 to the Defendant, and the Defendant repaid KRW 130,000,000 to the Plaintiff around July 21, 2015.
On October 11, 2016, Ulsan District Court 2016, Ulsan District Court 2016 tea 8290, and applied for a payment order of KRW 398,000,000 for the payment order against the Plaintiff, and the payment order was finalized on October 19, 2016.
On October 24, 2016, the Plaintiff’s succeeding intervenor filed an application for the order of seizure and collection of the Plaintiff’s claim against the Defendant with the Ulsan District Court 2016TTTTTT10447 on October 24, 2016. On October 26, 2016, the above court held that the Plaintiff, the garnishee, the Defendant, and the Defendant were KRW 403,815,81.