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(영문) 춘천지방법원강릉지원 2016.12.14 2016가단2693
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) Category 1 Construction Work 1) KSM Construction Co., Ltd. (hereinafter referred to as “MM case”).

On July 7, 2015, the Republic of Korea and the Army D’s designated wastes disposal work (hereinafter “the First Corporation”) shall be deemed to have been performed on July 7, 2015

2) On July 21, 2015, Defendant A entered into a contract with respect to the construction work and completed the construction work on September 9, 2015, and Defendant A entered into an agreement for construction work (construction participation) in KRW 52,800,000 with respect to part of the construction work with Defendant A and 1, and Defendant A completed the construction work on part of the construction work.

B. The case No. 2 Construction 1) The Republic of Korea and E controlled waste removal work around 2014 (hereinafter “Second Construction Work”)

(2) On October 5, 2014, 200, IM case entered into a subcontract with Defendant A and 2 for the construction cost of KRW 54,450,000 for part of the construction work. Defendant A completed the said construction work on December 12, 2015, but did not receive KRW 39,450,000 for the construction cost.

3) On the other hand, the IM case concluded a daily work contract with Defendant B and 15 during the period from October 1, 2014 to October 31, 2014 for the 2 construction work. From November 1, 2014 to October 31, 2014, Defendant B and others (hereinafter “Defendant B, etc.”) provided labor upon entering into a daily work contract with Defendant B and 13 during the period from November 1, 2014 to October 30, 2014, but provided labor; however, Defendant B, etc. (hereinafter “Defendant B, etc.”).

C) On July 24, 2015, 200 won (the subcontract price of 52,800,000 won in subcontract price of 2,000 won in the first construction works) was transferred to Defendant A, and on July 27, 2015, the transfer of claims was notified to Nonparty A of the fixed date of transfer to Nonparty A of the total amount of KRW 92,250,000 (the contract for the transfer of claims was concluded for the payment of KRW 39,450,000 which was not paid out of the subcontract price of 52,80,000 won in the first construction works subcontracted to Defendant A).

(hereinafter referred to as the “transfer of claim of this case”). Workers, including Defendant B, etc., appointed Defendant B as the designated party, and the Chuncheon District Court Gangnam branch court.

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