압류, 추심채권 및 손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The parties’ contractual relationship between the parties and the occurrence of claims, such as the contractual relationship and the contract price, are omitted in the entry of C Co., Ltd. (D Co., Ltd. prior to the change of April 1, 200, and hereinafter “Co., Ltd.”).
on September 13, 1996, E and F Co., Ltd. (hereinafter “instant building”) are Osan City G (hereinafter “instant building”).
) New Construction Works (hereinafter referred to as “instant Construction Works”)
2) The construction contract was entered into between C, F, and E, the contractor on November 25, 1999, with the construction cost of KRW 7,271,00,000, and the construction period of KRW 30,000 from September 13, 1996 to December 30, 197. 2) After which the design of the building of this case was changed, C, F, and E entered into a contract for the alteration of the construction contract with the content that each of the changes was made from September 13, 1996 to April 30, 200.
3) On or around August 8, 1998, the Plaintiff’s subcontract agreement on the part of the fire-fighting equipment and electrical construction among E and the instant construction (hereinafter “instant subcontract”).
(4) On October 15, 2001, C concluded a new contract with the Defendant, including H Co., Ltd., under the name of H Co., Ltd., and completed the construction work on or around January 15, 2001. On October 15, 2001, C comprehensively transferred the status of the contractor of the instant construction to the Defendant (i.e., “I Co., Ltd., prior to the change of March 30, 2004”), and E consented thereto.
B. On June 20, 2002, the Plaintiff received a provisional attachment order as to the claim for the repayment of the construction contract deposit against the Defendant as Suwon District Court 2002Kahap1152, and as to the claim for the payment of the construction contract deposit that E provided to the Defendant, and around that time, the provisional attachment order was served on the Defendant. (2) On April 11, 2003, the Plaintiff filed a lawsuit against the Plaintiff seeking payment of the construction price, etc. under the subcontract of this case. In the above case, E filed a lawsuit against the Plaintiff for the payment of the construction price, etc. under the subcontract of this case against the Defendant on April 11, 2003. The amount of KRW 254,124,244 = 68,231,964, - the total amount of the construction price paid by E under the subcontract of this case.