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(영문) 부산고등법원 2015.06.04 2014나2051

양수금 등

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On February 9, 2010, Defendant Company entered into a subcontract between Defendant Dog Construction Co., Ltd. (hereinafter “Defendant Company”) and Dog-si Co., Ltd. (hereinafter “Gug-si”), and Defendant Company entered into a contract between Dog-si and Dog-si on February 9, 2010, among the construction works of Ulsan Customshouse, and reinforced concrete construction works (hereinafter “first subcontract construction works”).

451,407,000 won (including value added tax; hereinafter the same shall apply) for the construction cost.

) Land and other works (hereinafter referred to as “second subcontract works”)

(2) On February 11, 2010, the Defendant Company concluded a contract for construction with each of the sub-subcontracts as KRW 136,000,000, with each of the sub-subcontracts as KRW 254,815,00, and each of the sub-subcontracts as KRW 472,439,000, and KRW 268,015,000, with each of the sub-subcontracts as of November 25, 2010.

B. On February 23, 2010, the office of Nam-gu, Ulsan Metropolitan City agreed to pay directly the subcontract price for the first and second subcontracted works between the defendant company and the office of Nam-gu, Ulsan Metropolitan City, Ulsan Metropolitan City, by November 26, 2010, and the changed subcontract price for the first subcontract works on December 27, 2010, respectively. (2) In accordance with the above agreement, the office of Nam-gu, Ulsan Metropolitan City paid the subcontract price for the first and second subcontracted works to the defendant company and the Ministry of Land, Infrastructure and Transport on February 23, 2010.

See Table 1 (unit: 153,713,600,680,00 on September 3, 2010, June 1, 2010, the total amount of completion payments for the construction work (units): 3,000, 300, 11,725,000,000, 13,025,000, 13,020,436, 339, 275,91, 500, 418, 25, 766, 500, 839, 150, 1830, 150, 300 on December 30, 2010;

C. On July 16, 2012, the Plaintiff’s notice of the contract for the transfer and takeover of the Plaintiff’s claim is the obligation to the Plaintiff at the time of repayment of KRW 200,000,000 between the Plaintiff and the Plaintiff.