양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On June 25, 2012, the Defendant received a supply of reinforced concrete construction work (hereinafter “instant construction work”) among the “Suljin 1 and 2 Staff Housing Construction Work” located in No. 42-1 located in the area of 42-1, the Defendant subcontracted the instant construction work to the Korea Coast Guard Construction Co., Ltd. (hereinafter “Sule Construction”) for KRW 6,602,820,721 (excluding value-added tax) (hereinafter “instant subcontract”).
B. On July 12, 2012, the Plaintiff leased temporary materials, such as water pumps owned by the Plaintiff (hereinafter “the temporary materials of this case”) from the date of the lease contract to the end surveillance of framework construction, rent of KRW 440,00,00 (value-added tax separate) (hereinafter “the lease contract of this case”).
C. As the Plaintiff did not receive KRW 100 million out of the above rent from the Round Construction, on May 3, 2013, the Plaintiff received a decision on provisional seizure of claims against the Defendant of Round Construction as Seoul Central District Court 2013Kadan48012 regarding KRW 100 million out of the claim for construction cost under the subcontract contract of this case against the Defendant of Round Construction as Seoul Central District Court (hereinafter “decision on provisional seizure of this case”), and the said provisional seizure was served on the Defendant on May 8, 2013.
In addition, on May 15, 2013, the Construction Company transferred KRW 100,00 (hereinafter “instant transfer of claims”) out of the claim for the construction payment against the Defendant of the Construction Company to the Plaintiff (hereinafter “instant transfer of claims”), and notified the Defendant of the purport of the transfer of claims on May 16, 2013.
The above notification was served on May 18, 2013 to the defendant.
E. Meanwhile, on May 13, 2013, the Defendant terminated the instant subcontract between the Construction Company and the Construction Company. From that time, the instant construction was directly executed since that time, and obtained a provisional approval for multi-family housing and detached housing that completed the instant construction project from Ulsan-gun on August 31, 2013.
(b) the basis for recognition;