beta
(영문) 서울중앙지방법원 2017.09.05 2016가합528941

추심금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant entered into a subcontract for reinforced concrete construction works between the Defendant and the Daecheon Construction Co., Ltd. (hereinafter referred to as “large Construction”) on March 26, 2014 (hereinafter referred to as “large Construction”).

2) The term “A-A-A-A-A-A-A-A-A-A-A-U-A-U-A-U-A-U-

(2) On September 11, 2014, the Defendant subcontracted the construction cost of KRW 14,96,977,440 to KRW 15,79,79,848,840, the construction cost was finally changed to KRW 13,212,71,285, and the construction cost was finally changed to KRW 15,79,840 on March 4, 2016. (2) On September 11, 2014, the Defendant subcontracted the instant construction work of reinforced concrete (hereinafter “instant Busan construction”) to KRW 14,96,97,440 on the construction cost, and the construction cost was finally changed to KRW 15,69,081,880 on February 25, 2016.

3) On November 20, 2014, the Defendant’s “the instant C Construction Works” among the C New Construction Works (hereinafter “instant Construction Works”).

(4) According to the subcontract agreement of the instant case, Busan and C (hereinafter collectively referred to as the “each of the instant construction works”), the contract deposit shall be 10% of the contract amount and the contract performance guarantee period shall be from the commencement date to the completion date or the alteration completion date, and the payment of the contract deposit may be substituted by cash or by the issuance of the guarantee certificate issued by the Specialized Construction Financial Cooperative, etc.

B. On January 25, 2016, the Defendant: (a) assigned the instant claim for the payment of the Busan Construction with the terms and conditions as follows to the claim for the payment of the construction price of the instant Busan Construction with the assignee and the Defendant as the garnishee, the assignee of the claim; and (b) assigned the instant claim for the payment of the construction price of the Busan Construction with the terms and conditions as follows (hereinafter “instant contract for direct payment of the Busan Construction”) to substitute construction; (c) workers in substitute construction; (d) workers in substitute construction; and (e) workers in substitute construction.

Article 1 (Purpose of this Agreement is the claim for wages that the assignee has to receive from the transferor in connection with the Busan Project.