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(영문) 대전고등법원 2017.08.23 2016나17109

공사대금

Text

1. The judgment of the court of first instance is modified as follows.

2. The plaintiff A’s lawsuit against the defendant C amounting to KRW 185,482,760 and this.

Reasons

1. Basic facts

A. On August 30, 2012, the Plaintiffs (mutual E) concluded contracts with the Defendants for the construction work of the site for electric housing (civil engineering) located in the area for permission for development activities (G building) other than F (hereinafter “instant construction work”) as of August 30, 2012, by setting the construction cost of KRW 1.3 billion and the construction period from September 1, 2012 to December 31, 2013.

At the time, the Defendants jointly and severally assumed the obligation to pay the construction cost under the above contract to the Plaintiffs.

B. The instant construction was divided into a complex construction project and a complex construction project. The complex construction project was in the situation where H had been suspended in the past.

C. From September 1, 2012, the Plaintiffs commenced the instant construction, and around June 7, 2013, the instant construction was terminated. The Defendants resumed the instant construction through other companies on March 6, 2014 and continued the construction until November 30, 2015.

O On January 27, 2016, the Daejeon District Court issued an order of seizure on the portion of KRW 130,00,000 against Defendant C among the Daejeon District Court 2015Gahap105203, which the Plaintiff had against the Defendants, and the part of KRW 6,767,00 against Defendant D, as the Daejeon District Court 2016TT590.

On January 29, 2016, the original copy of the above decision was served on the Defendants, who are the garnishee, and on March 7, 2016, on the Plaintiff, who is the debtor, and became final and conclusive around that time.

X on October 28, 2016, the Daejeon District Court issued a seizure and collection order as to the part of KRW 150,000,000 against Defendant C and KRW 7,910,958 against Defendant D among the Daejeon District Court Decision 2015Gahap105203, which the Plaintiff had against the Defendants, and the part of KRW 7,910,958 against Defendant D.

On November 2, 2016, the original copy of the above decision was served on the Defendants, the garnishee, and the Plaintiff A, the debtor, and became final and conclusive around that time.

Y On March 23, 2017, the Daejeon District Court Decision 2015Gahap105203 held against the Defendants on March 23, 2017: (a) the portion of the claim against Defendant C among the claim for construction cost of KRW 80,00,000, and KRW 2,465,753 against Defendant D is the Daejeon District Court.