추심금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Grounds for this part of the facts of recognition are stated by the court of first instance.
1. The part of the facts of recognition
The first instance judgment is the same as that of the first instance judgment, except that the Defendant considers the “Defendant” as the “Nonindicted Company”, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The allegations by the parties and the determination thereof
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the collection amount of KRW 33,259,354 to the plaintiff as the collection right holder, unless there are special circumstances.
B. On April 20, 2016, before receiving a provisional attachment order, the Defendant terminated each of the instant subcontract on the grounds of non-party company’s nonperformance. Since each of the instant subcontract was concluded and terminated until April 26, 2016, the Defendant claimed that the construction cost payable to the non-party company does not remain. (1) The Defendant asserted that the construction cost payable to the non-party company is not remaining. (2) On April 26, 2016, each of the instant subcontract between the non-party company and the non-party company is determined as KRW 29,590,00, KRW 86,460,000, KRW 352,00,000, and the non-structure structure dismantling work part, and KRW 352,300,00,000, respectively, shall be settled (hereinafter “Agreement”).
(2) While entering into the instant subcontract, the Defendant agreed not to file any civil or criminal lawsuit related to the instant project. (On the other hand, the Defendant paid KRW 680,122,300 to the Nonparty Company as stated in the table of “the details of the construction cost payment” from the date immediately after the conclusion of each of the instant subcontract until the settlement agreement is reached.
The advance payment of the amount for the construction cost shall be KRW 5,00,000 on November 30, 2015.