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(영문) 창원지방법원 2015.09.17 2014가합6183
추심금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The parties to the contract entered into a contract with the “B Construction Corporation” and the “C Parking Lot Construction Corporation,” as examined below, and the Plaintiff (hereinafter “Plaintiff”) and the designated parties are the workers of the elim comprehensive construction.

B. On December 16, 2011, an effective forest integrated construction contract, etc. (A) entered into a contract with the Defendant to enter into a contract with the term “B construction project” with the term “B construction project” during the period from December 23, 2011 to April 18, 2014 (hereinafter “B construction project”).

(B) A contract with the Defendant to enter into a contract with the term “C Parking Lot Construction Work” on June 14, 2013 (hereinafter referred to as “C Parking Lot Construction Work”) stipulating that the term “C Parking Lot Construction Work” between the Defendant and the term “C Parking Lot Construction Work” shall be 411,748,000,000, and the term shall be 41,748,000,000 from June 18, 2013 to January 12, 2014 (hereinafter referred to as “C Parking Lot Construction Work”).

(C) The Construction Mutual Aid Association and the Seoul Guarantee Insurance Co., Ltd. concluded a contract with the Defendant to guarantee the obligation to return the advance payment, etc. paid by the Defendant to the Felim Integrated Construction in relation to the “B Construction Project” and the “C Parking Lot Construction Project” (hereinafter “instant Guarantee Agreement”).

2) While the termination of a construction contract, the integrated construction of effective forests was being carried out with each of the construction works described in the foregoing paragraph 1, the company rehabilitation application was filed with the Changwon District Court on December 9, 2013. The rehabilitation procedure commenced on December 30, 2013, and the final decision was made on March 5, 2014, and each of the said construction works was not carried out smoothly.

Accordingly, the defendant is given the comprehensive construction of filial forests on several occasions.

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