logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.05.13 2019나315095
구상금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts - around July 2014, the Defendant awarded a contract to D Co., Ltd. (hereinafter “D”) for the construction of a commercial building on the old and the third parcel of land (hereinafter “instant construction”).

- The E Co., Ltd. which was subcontracted part of the instant construction work from D (hereinafter “E”) was not paid the construction cost, and (i) around September 2015, attached the claim for the instant construction cost against the Defendant of D within the scope of KRW 60,390,00 (the Changwon District Court Order on Provisional Attachment of Claim No. 2015Kadan10778), and (ii) around December 2015, the amount of the Defendant’s KRW 538,00 (hereinafter “the instant real estate”).

(Decision on Provisional Seizure against Real Estate of Changwon District Court 2015Kadan11284) - With respect to the payment of each of the above provisional seizure and subcontract consideration around February 2, 2016, the following was agreed:

(hereinafter “instant agreement”) 1.D. deliver all documents to the Defendant on February 2, 2016 regarding the application for termination of the provisional seizure order and provisional seizure order against the Defendant.

2. The defendant shall pay 120,000,000 won to E immediately after receiving all the documents of the application for termination from E.

At this time, D shall deliver to the defendant a document requesting the payment of the subcontract price.

- The provisional seizure of the above immovables and the provisional seizure of claims have been revoked each time.

- At around March 21, 2016, E, who was not paid the construction cost thereafter, re-provisionaled the instant real estate at KRW 120,000,000.

(C) Changwon District Court Decision 2016Kadan10321 decided on the provisional seizure of real property - The Plaintiff paid KRW 136,00,000 to E around April 4, 2017, and paid KRW 148,00,000 for the first time, and thereafter returned KRW 12,00,000;

E cancelled the above provisional seizure on the same day.

At the time, the plaintiff was the representative of the defendant.

- Around April 11, 2017, the Plaintiff filed a lawsuit seeking reimbursement against D on the ground that it paid the above money to D on behalf of D.

Daegu District Court Kim Jong-cheon.

arrow