공사대금등
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
1. Facts of recognition;
A. The plaintiff is an individual business operator who conducts interior interior interior interior interior decoration business with the trade name of "C", and the defendant is a person who conducts creative decoration business.
B. On December 2013, the Plaintiff was awarded a contract for interior construction of the building E (hereinafter “instant building”) in Haan-gun, Haan-gun (hereinafter “instant building”) from D, and completed the construction, but was not paid the construction cost.
On March 7, 2014, the Plaintiff filed an application for provisional attachment of the instant building with the Busan District Court 2013Kadan4738 as the claim amounting to KRW 12,847,000 against D as the claim amounting to KRW 12,847,00,00, and the said court rendered a provisional attachment on March 27, 2014.
(hereinafter “instant provisional seizure”) C.
Around May 2014, the Defendant: (a) received a contract for the construction work of the instant building from D; (b) completed the construction work; and (c) did not receive the construction payment; (d) acquired the instant building owned by D as a representative of creditors who did not receive the construction payment from D; and (e) agreed with the Plaintiff and other creditors F as follows:
(hereinafter “Agreement of Creditor”) 1. Establishment of a collateral security on a building, provisional seizure, etc. shall be resolved once a bank loan.
2. It shall be distributed and paid with respect to all the construction costs of a work in the second order, subject to the second order, and shall be established with respect to buildings which the subcontractor wishes.
3. He/she shall cooperate in parcelling-out by preferentially constructing finished works and repairs of defects for each process after concluding an agreement;
4.The owner shall, in principle, be paid at the time of sale and shall be paid as agreed upon by the construction company after the preferential payment of the construction cost of the subcontractor and shall be transferred at any time after settlement at D at the cost.
On July 7, 2014, the Plaintiff and the Defendant are “the instant provisional attachment,” stating that “the Plaintiff shall terminate the instant provisional attachment, and the Defendant shall preferentially pay the Plaintiff the unpaid construction price of KRW 9.5 million at the time of the sale of the instant building,” and “the instant confirmation document.”