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(영문) 서울고등법원 2019.11.22 2019나2001259
공사대금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The reasoning for this Court’s explanation concerning this part of the underlying facts is as follows. Thus, this part of the reasoning for the judgment of the court of first instance is the same as that of the corresponding part of the judgment of the court of first instance.

The following shall be added to four parallels below:

D. On August 26, 2014, the Plaintiff’s succeeding intervenor filed a payment order against the Plaintiff as Seoul Central District Court Decision 2014Da44378, regarding the total amount of wage claims against the Plaintiff by the Plaintiff’s succeeding Intervenor and the designated parties, as well as the delayed payment thereof, and the payment order was issued by the said court. The said payment order became final and conclusive on September 16, 2014.

The Plaintiff’s succeeding intervenor, based on the executory exemplification of the above payment order, shall appoint the debtor as the plaintiff and the third debtor as the defendant under Suwon District Court 2014TTT21780, and shall attach the attached Form among the claim for construction

2. The “amount for each selected person” as indicated in the table is subject to the determination of a claim seizure and assignment order issued by the above court on September 25, 2014 by requesting a seizure and assignment order of each claim (total of KRW 2,500,000). The said determination was served on the Defendant on September 29, 2014, and was finalized on October 22, 2014.

E. On July 12, 2011, the Plaintiff was decided to commence rehabilitation procedures by the Seoul Central District Court 201 Gohap46, and the representative director was deemed a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act. On April 10, 2015, the Plaintiff was decided to terminate rehabilitation procedures by the said court.

Note 4 [Attachments to the Grounds for Recognition “A or 11 to 13”.

2. Determination on the claims of the plaintiff and the succeeding intervenor

A. Although the total construction period, which is the primary claim of the Plaintiff and the Plaintiff’s succeeding intervenor, does not have binding force that generates conclusive rights and obligations by itself, the entire construction period, which is the primary claim, serves as a standard under the premise of estimate.

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