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(영문) 광주고등법원 2015.01.07 2013나5267
공사대금등
Text

The judgment of the court of first instance is rendered in accordance with the succession participation of the plaintiff (Counterclaim defendant) succeeding intervenor I and Youngdong joint venture Co., Ltd.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 5, 2010, the Defendant: (a) ordered the Plaintiff to enter into a subcontract with the Plaintiff for construction cost of USD 1,980,00 (including customs duties, value-added tax, separate tax, hereinafter referred to as “US”) with respect to external construction works (referred to as “instant construction works”) out of Cambodian New Construction Works (referred to as “the instant construction works” as “the instant construction works”); and (b) from March 23, 2010 to February 15, 2011 during the construction period.

B. On June 1, 2010, the Defendant supplied the Plaintiff with the goods necessary for the instant construction work (Aluminium, etc.), but entered into a contract for goods supply with the content that the price of the goods would be offset against the construction cost of the instant case.

(hereinafter “instant commodity supply contract”). C.

The Plaintiff discontinued the instant subcontract on April 201, and the Defendant notified the Plaintiff on April 15, 201 that the instant subcontract was terminated due to the delay, etc. of the instant construction.

After that, the Defendant completed the instant construction work on May 30, 201 by directly performing the remaining construction works.

E. On November 29, 2013, the Plaintiff transferred the claim for construction price due to the instant construction work against the Defendant to the Intervenor I. On December 3, 2013, the Plaintiff notified the Defendant of the assignment of the claim, and the Intervenor I participated in the instant lawsuit at the trial.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1, 2, 17-1, 2, and 17-1, 17-2, and Eul evidence 1, the testimony of the witness C of the first instance trial, the testimony of the witness D of the first instance trial, and the purport of the whole pleadings

2. If there exists a seizure and collection order concerning the judgment on the present security defense, only the collection creditor may file a lawsuit for performance against the garnishee, and the debtor shall lose the standing to file a lawsuit for performance against the seized claims.

(see, e.g., Supreme Court Decision 99Da23888, Apr. 11, 2000). Each entry in the evidence Nos. 34 and 35, as a whole, is the entire pleadings.

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