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(영문) 수원지방법원성남지원 2015.05.22 2014가합2071
추심금
Text

1. All applications for interventions by independent parties shall be dismissed;

2. The plaintiff's claim is dismissed.

3. The costs of the lawsuit;

Reasons

1. Basic facts

A. On December 23, 2011, an independent party intervenor (hereinafter “participating”) entered into a contract with the Defendant, the person placing an order for construction works of the Seoul Gangnam-gu Complex 1, A3 Blue apartment construction works, for the said construction works, the contract amount of which is KRW 54,249,668,00, and the contract term is from December 30, 201 to August 31, 2013. The intervenor Pung Industrial Co., Ltd. (hereinafter “Pung Industrial”)’s share ratio is 71.6% in relation to the said construction works, and the share ratio is 28.4% in the intervenor Nung Tech Co., Ltd. (hereinafter “Sung Tech”).

B. On March 31, 2012, the Intervenor Pung Construction Co., Ltd. (hereinafter “Driyang Construction”) and the aforesaid A

As to the contract amount of reinforced concrete construction (hereinafter “instant construction”) among the construction works described in paragraph (1), a subcontract was concluded between March 31, 2012 and August 31, 2013 with the contract amount of KRW 8,086,90,000, and the contract period of the construction works (hereinafter “instant contract”).

C. On November 14, 2012, the Intervenor entered into a contract to change the contract amount of the instant contract to KRW 9,615,900,000, and the contract amount of the instant contract to KRW 13,075,40,000 on March 29, 2013.

On April 23, 2012, the Defendant, the Intervenor, and the Dried Construction agreed to divide the details of the construction of the Dried Construction into claims filed by the Intervenor for the payment of the construction cost to the Defendant, and the Defendant directly pay the construction cost corresponding to the construction cost of the Dried Construction (hereinafter “instant agreement”).

E. On May 23, 2013, the Intervenor submitted to the Defendant the Initial Inspection Board (14 times) regarding the completed portion, and the Defendant paid the progress payment of KRW 315,500,000 for the instant construction work that was executed by dried Construction among them on May 30, 2013, by May 30, 2013 under the instant agreement, including that the Intervenor paid the progress payment of KRW 315,50,000 for the instant construction work that was executed by dried Construction.

(f) The intervenor’s scenic industry is a dry construction.

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