손해배상(기)
1. The lawsuit of this case shall be dismissed.
2. The costs of retrial shall be borne by the plaintiff.
purport, purport, ..
1.The following facts of basic facts shall be apparent or obvious to this Court in the records:
1) Where a party to the case is a stock company, the “stock company” is omitted from the trade name.
(2) from the Osan City G (hereinafter referred to as “instant building”)
Of them, a contract for fire-fighting equipment and electrical construction (the Plaintiff contracted for the construction work under H’s name is deemed as “the first construction work” and “the second construction work” in U’s name.
(2) On February 20, 2002, the Plaintiff acquired the claim for construction cost equivalent to KRW 448,297,510 from H, the title holder of the contract for the first construction project, H, as to KRW 448,297,510. 2) On June 20, 2002, the Plaintiff was served on the Defendant, a third-party debtor, on June 20, 2002, under Seoul District Court Branch Branch Branch Order 2002Kahap152 as the right to preserve the said claim. The Plaintiff received the provisional attachment order (hereinafter “instant provisional attachment order”) against KRW 448,297,510 among the claim for construction cost as to the instant building against E (hereinafter “instant claim”), and around that time, the provisional attachment order was served on the Defendant, a third-party debtor.
B. The settlement of the instant construction cost claim claim 1) E through a lawsuit between E and the Defendant, around 2002, after the completion of the instant construction work, shall file a lawsuit with the Defendant seeking payment of the instant construction cost claim and other claims (such as reimbursement claim, damages claim, and unjust enrichment claim) against the Defendant (Seoul District Court Branch Branch of Seoul District Court 2002Gahap7283, hereinafter “previous lawsuit”).
(2) On December 13, 2001, the court of first instance of the previous lawsuit filed a claim for the return of contract performance guarantee against the Defendant among the instant claims E, which was extinguished on or around December 13, 2001. (2) On July 15, 2004, the amount of the claim for the construction payment of this case was paid by the Defendant to E.