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(영문) 서울중앙지방법원 2018.02.14 2017가합547932
양수금 지급청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Article 5 (Transfer of Claim), such as the conclusion of a contract for construction works and a subcontract, etc. (1) For the purpose of performing the instant construction works, the other party to the contract may transfer to a third party the bonds arising from the instant construction contract (the right to claim the cost of construction works; hereinafter “instant claim for the cost of construction works”).

(2) Where the other party to a contract intends to transfer bonds under paragraph (1), he/she shall obtain prior approval from the contracting officer in charge of the contract with the consent of the issuing agency of the performance bond

1) On March 28, 2016, the Defendant is the tec infrastructure Co., Ltd. (hereinafter “tec infrastructure”).

(2) The construction of a new construction of the Agricultural Cooperative Intermodal Distribution Center in the agricultural and industrial complex No. 2 of the Gangwon-do-U.S., Susung-do-U.S., Gangwon-do-do-U.S. (hereinafter referred to as the “instant construction”).

(1) As to the construction contract (including value-added tax) with respect to the Defendant (contractor), the other party to the contract (contractor), the construction period from April 6, 2016 to June 5, 2017, and the construction cost of KRW 8,057,786,00 (including the construction cost) (hereinafter “instant construction contract”).

The representative of the joint supply and demand organization (the representative of the joint supply and demand organization) entered into a contract.

2) The instant construction contract is subject to the general conditions attached to the instant construction contract (hereinafter “instant construction contract”).

(2) On September 8, 2016, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant subcontract”) with respect to the assignment of claims with respect to the instant construction of the instant construction of the instant construction of the infrastructure and the machinery and equipment as the subcontractor’s infrastructure, the subcontractor, the construction period from September 8, 2016 to June 5, 2017, and the construction price of KRW 429,000,000 (including value-added tax).

3. On June 5, 2017, the Plaintiff completed the construction of the above machinery and equipment subcontracted from the Etech Infrastructure. However, Etech Infrastructure is the Plaintiff.

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