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(영문) 대법원 2010. 05. 13. 선고 2010두2456 판결

공동수급체의 구성원 체납에 대하여 공동수급체에서 발생한 채권을 압류할 수 있음[국승]

Case Number of the immediately preceding lawsuit

Seoul High Court 2009Nu19357 ( December 16, 2009)

Case Number of the previous trial

Suwon District Court 2008Guhap10486 ( October 17, 2009)

Title

The claims arising from the joint contractors' failure to pay for the members of the joint contractors may be seized.

Summary

All claims against the contractor in connection with the construction contract shall not necessarily be attributed to the members of the joint contractor, and the nature of the claims against the contractor by the members of the joint contractor shall be determined by the terms of the construction contract.

The decision

The contents of the decision shall be the same as attached.

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal by the appellant are not included in the grounds provided for in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent