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(영문) 광주지방법원 2016.07.14 2014가합56715

공사대금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The progress of the new construction of this case 1) Nonparty B Co., Ltd. (hereinafter “B”).

(C) the corporation and C (hereinafter referred to as “C”)

) The construction of new apartment units D in Jeoncheon-si, Jeoncheon-si (hereinafter referred to as the “new construction of this case”).

The construction of this case was carried out under the name of “E apartment” as the executor and the contractor, and the said new construction was suspended due to the failure of the above B and C around October 2007. 2) The subcontractors of the new construction of this case including the Defendants who did not receive any construction cost due to the discontinuance of the construction work due to the nonperformance of B and C were established on December 28, 2009 in order to secure efficient claims on December 28, 2009.

B. On March 12, 2011, the creditors of the new construction of the instant case, including the Defendants, were elected by the creditors of the new construction of the instant case in order to secure efficient claims, and agreed to delegate all of the rights to the operation of the claim group and the agreement on delay in the construction site to the resolution of the claim group. 2) The remaining Defendants except Defendant Masung Co., Ltd. (hereinafter referred to as the “Defendant Masung”), Defendant Usung Corporation (hereinafter referred to as the “Defendant Masung”), Defendant Unmanned Construction Co., Ltd. (hereinafter referred to as the “Defendant Masan Construction”), and Defendant M&T glass Co., Ltd. (hereinafter referred to as the “Defendant P&T glass”), discussed the matters concerning the method of payment of the agreed amount, the selection of parties to the agreement on claims, and the settlement of the borrowed debt at the meeting on October 29, 2011.

3) The remainder of the Defendants other than Defendant Masung Co., Ltd., Defendant Unmanned Construction, Defendant Unmanned Metal glass, and Defendant A (hereinafter “the remainder of the Defendants”).

on March 2, 2012, through a meeting.