추심금
The plaintiff's claims against the defendant (appointed party) and the appointed party C, D, and E are all dismissed.
Litigation Costs are assessed against the Plaintiff.
Basic Facts
Upon entering into a contract for construction works, the Defendant, Selected C, D, and network F (hereinafter “instant owner”) decided to newly construct multi-household housing, etc. on the land outside Yongsan-gu Seoul, and the Defendant entered into a contract for construction works (hereinafter “instant contract for construction works”) with the following terms: (a) on May 21, 2010, the Defendant, with the authority delegated by the Selected C, D, and networkF, to build two multi-household housing and neighborhood living facilities (hereinafter “H”) on the said land (hereinafter “instant construction”) (hereinafter “instant construction”) at the price of KRW 1,392,125,00 and the construction period from May 27, 2010 to December 30, 2010 (hereinafter “instant contract for construction works”).
(B) As the construction was delayed due to the circumstances, such as failure to pay subcontract consideration during the construction project in question under the instant construction contract, the owner of the instant construction project entered into a new contract with K Co., Ltd. (hereinafter “K”) on October 21, 2010, and submitted to the head of Busan Metropolitan Government a report on the change of the contractor of the instant construction project on November 5, 2010.
However, on November 8, 2010, in the case of the change of the "project owner" from the head of Yongsan-gu to the owner of the instant building on the said report, a supplementary notice was issued to the effect that the former contractor's construction content (including a statement of construction cost settlement) and the supervisor's certificate of supervision on the legality of the construction project is called shipment. Ultimately, the application for the report on the change of the construction participant was withdrawn on November 19, 2010
On the other hand, as K did not carry out the construction of this case smoothly, there was a dispute between the owner of this case and K, the defendant requested H to “the resolution of the dispute with K and again proceed with the construction of this case.”
Accordingly, H and K shall pay K the agreed amount of KRW 22 million.