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(영문) 울산지방법원 2016.08.24 2015가합1051

인수금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 17,855,926 and the Defendants are jointly and severally liable to the Plaintiff.

Reasons

Based on the facts, C related to the subcontracting of the instant structural construction was awarded a contract to F Co., Ltd. (F Co., Ltd. (F. hereinafter “F”) for the construction cost of KRW 1.674 million on September 5, 2012, Ulsan-gu, and four parcels of land E-dong multi-household housing and neighborhood living facilities on the land outside Ulsan-gu, Ulsan-gu, and H awarded a contract to F for the construction cost of the construction of the instant structural E-dong multi-household housing and neighborhood living facilities outside Ulsan-gu, U.S. and two parcels of land 1.5 billion won on the same day.

Category A No. 2 of 2015 Gaz. 2015 Gaz. 2015 Gaz. 1051 Gaz. 2015 Gaz. 2015 Gaz. 1587 without any separate indication;

No. 2 of 2015Gahap1587 No. 1587. F subcontracted to J on November 15, 2012 the structural amount of construction of the aggregate (hereinafter referred to as “the instant aggregate construction”) among the aforementioned new construction works contracted to him/her (hereinafter referred to as “EM”).

On October 8, 2013, the Defendant Company, C, and F purchased the Defendants’ obligation to pay the subcontract price for the subcontracted construction (hereinafter “Defendant Company”) in the amount of KRW 1,00,000,000,000,000,000 from Ulsan-dong, Ulsan-gu, and four lots of land and its ground buildings, and the Defendant Company, upon agreement between the Defendant Company, C, and F, directly paid the construction cost that the subcontractor shall pay to the subcontractor in connection with the said new construction work.

In fact that there is no dispute, Gap No. 3-1 and No. 4-1, defendant Eul purchased from H on October 8, 2013 the Ulsan-dong-gu I and two parcels of land and the above-ground buildings in the amount of KRW 850,000,000,000, Defendant Eul directly paid construction expenses to the subcontractor in connection with the construction of the above building.

In the absence of dispute, the Plaintiff’s acquisition of the Plaintiff’s claim for the payment of subcontracted construction works, as well as the Plaintiff’s acquisition of the payment claim for subcontracted construction works, by the J on July 7, 2014, transferred to the Plaintiff KRW 356 million, a subcontract price claim against F due to the instant framework construction works (hereinafter “instant aggregate construction contract claim”).