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(영문) 대전지방법원천안지원 2015.01.09 2013가합4701

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Attached Form

1. To deliver movable property recorded in the list;

(b) 109,935.

Reasons

1. Facts of recognition;

A. On September 1, 2012, the Plaintiff entered into a subcontract with the Defendant (hereinafter “the instant contract”) on September 1, 2012, with respect to reinforced concrete construction works (hereinafter “instant construction works”) among the extension works of the floor of the party who has been awarded a contract by the Office of Education, the Defendant entered into a contract on September 1, 2012 to October 30, 2012, with respect to the construction period from September 1, 2012, to October 30, 2012, with respect to the construction cost of KRW 130,000,000 (excluding surtax) (hereinafter “instant contract”).

(However, the name of the subcontractor of the contract of this case was B, a plaintiff's internal director.

On September 5, 2012, the Plaintiff is a temporary material necessary for the instant construction from the Eastdong Industry.

2. After leasing the movables indicated in the list (hereinafter “the temporary materials of this case”), the temporary materials of this case were put into the construction site of this case and carried out the construction work.

C. On October 8, 2012, the Plaintiff suspended the instant construction due to a mast with the Defendant, and completed the instant construction site at the site of this case. After doing so, the Defendant completed the instant construction by reporting the figures, and the Office of Education completed the instant construction by doing the remaining construction. On August 8, 2013, the Office of Education completed the completion inspection on the said extension work.

On the other hand, the plaintiff requested the defendant to return the temporary materials of this case invested at the construction site of this case, but the defendant did not comply with the plaintiff's request after transporting the temporary materials of this case to another place.

E. Accordingly, the Plaintiff filed an application against the Defendant for provisional disposition of the transfer of corporeal movables with the Daejeon District Court Branch Decision 2013Kahap135, and the said court decided on January 14, 2014 that the Defendant shall temporarily deliver the instant temporary materials to the Plaintiff.

Pursuant to the above decision on January 22, 2014, the enforcement officer of the Dong branch branch of the Busan District Court shall attach the attached Form among the temporary materials of this case.

1. The temporary materials recorded in the list were provisionally delivered to the Plaintiff.