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(영문) 대전지방법원 2014.11.14 2012나7296
공사대금
Text

1. The judgment of the court of first instance is modified as follows.

2. The plaintiff succeeding intervenor's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff (former D Co., Ltd.) entered into a sub-subcontract with the Defendant (former Mutual Company E) to the effect that the Defendant would be paid in cash in 40,020 cubic meters of unit price, 7,500 cubic meters of unit price, 7,500 cubic meters of unit price, 40 days of unit price, and 40 days of unit price (hereinafter “instant contract”).

B. On November 28, 2008, the Plaintiff’s succeeding intervenor received a letter of commitment from the Defendant, and the content is as follows.

1. Title: Sheed-up transport materials among H repair works;

2. Order place: The Korea Land, Transport and Maritime Affairs Administration;

3. Principal contractor: F stock company.

4. Subcontractors: Limited Liability Company E.

5. Net Filling Transporter: D (State) promise to pay the full amount of transportation costs and material costs (soil value, oil costs, etc.) that have been carried out a net embling transport work at the I above site to D (I) with respect to the construction cost (net embling transport) by December 31, 2008, not later than December 31, 2008.

Provided, That the payment method shall be made in principle by equipment.

C. On March 11, 2010, C, the Defendant’s on-site agent, prepared a written confirmation that it should pay KRW 100,000,000, which was unpaid as to the net banking transport cost from October 2008 to December 20, 208, to the Plaintiff’s successor, as paid from F, the original contractor (Evidence A 2) and deliver it to the Plaintiff’s successor.

On July 24, 2012, the Plaintiff transferred the claim for construction cost of KRW 100,000,000, which the Plaintiff had against the Defendant (the claim pending in this case against the Defendant) to the Intervenor succeeding to the Plaintiff, and notified the Defendant thereof around that time.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 12, Eul evidence Nos. 1, 9, 12, each number shall be included.

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