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(영문) 서울고등법원 2015.06.12 2014나41843

공사대금 등

Text

1. At the request of a change in exchange at the trial, the defendant shall be co-defendant C and each of them in the first instance trial.

Reasons

1. Basic facts

A. On March 15, 2011, the Plaintiff was awarded a contract for KRW 176 million for the construction cost of D C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd (hereinafter “C”) among D C Factory Construction Co., Ltd. (hereinafter “Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. (hereinafter “Co-Defendant Co-Defendant Co-Defendant Co., Ltd”).

B. On July 201, the Plaintiff completed the instant construction work, and only KRW 20 million out of the construction cost of the instant case was paid by Ilsung Construction and C until that time.

C. On July 5, 2011, E’s representative director E paid the Plaintiff KRW 50 million by July 8, 201, and KRW 50 million by July 15, 201 and KRW 100 million by July 15, 201, but did not pay the said money.

E was operated by the Defendant in addition to C, and the Defendant entered into a lease agreement with F to secure the claim for construction cost of KRW 300 million against F (a claim entirely separate from the claim for construction cost of this case) on January 209, 200 with F, which covers 12 units of real estate, including subparagraph 101 units of buildings located in Nam-gu, Incheon Metropolitan City, Seoul, Seoul, as the lease deposit.

E. On November 10, 201, C agreed that the remainder of the construction price in the instant case shall be paid to the Plaintiff by January 31, 2012, 201, KRW 147.5 million, and that the Defendant’s payment of KRW 300 million and KRW 18,000 of the online newspaper news stocks owned by H would offer the Plaintiff as security (hereinafter “instant agreement”).

F. On January 3, 2012, the Defendant transferred to the Plaintiff, I, and J (hereinafter “Plaintiff, etc.”) the above claim for the construction payment or the claim for the refund of the lease deposit against F.

【Fact-finding, Gap evidence 1 through 8, Eul evidence 1 and 2 (including each number, if any), the purport of the whole pleadings

2. The assertion.