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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Plaintiff and A Co., Ltd. (1) The Plaintiff’s credit relationship between the Plaintiff and A Co., Ltd.) refers to the construction of C/C (D) road (hereinafter “instant construction”) from the macro-si around November 20, 207.
A) On January 21, 2008, Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co-Defendant A Co., Ltd. (Co-Defendant A Co., Ltd. before the change: E Co., Ltd.; hereinafter referred to as “A”).
2) Of the instant construction works, the construction of reinforced concrete and water supply and drainage works (hereinafter “instant subcontracted construction”).
(2) On February 15, 2008, the Plaintiff and A agreed to pay the subcontract price that the Plaintiff shall pay to A directly to A on 30 million won.
(hereinafter “instant direct payment agreement”). However, A renounced the subcontracted construction in the middle of the instant case.
3) On March 4, 2008, the Plaintiff paid KRW 93.8 million as advance payment to A, and on June 24, 2009, the Plaintiff paid KRW 142 million as advance payment to A pursuant to the instant direct payment agreement. (iv) On March 3, 2011, the completion of the instant construction project, the Plaintiff and A confirmed the construction payment to be paid to A as KRW 148.85 million.
(hereinafter referred to as “instant settlement agreement”). (b)
Around December 2010, the Defendant filed a lawsuit against the Defendant for the refusal of compulsory execution based on the provisional seizure of claims under the title payment agreement with the Changwon District Court 2010Kadan2048, the Defendant filed an application for provisional seizure of claims of KRW 5,2170,00,00 among the claim for construction cost under the direct payment agreement against the Defendant, and the said court rendered a decision of provisional seizure of claims on December 10, 201. 2) On July 201, the Plaintiff was sentenced to the judgment against the Defendant by filing a lawsuit against the Defendant by a third party seeking the refusal of compulsory execution based on the provisional seizure of claims under the title payment agreement with the Changwon District Court 201Kadan6471.
Accordingly, the Plaintiff appealed to the Changwon District Court No. 2012Na6558, and the above court revoked the judgment of the first instance on April 3, 2013 and did not exceed KRW 1485,00 among the lawsuits filed by the Plaintiff.