Text
1. The right to claim the payment of deposit money of KRW 52,170,00 deposited with the Changwon District Court No. 664 in 2013.
Reasons
1. Determination as to the claim against Defendant A corporation
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against the defendant B
A. On November 20, 2007, the Plaintiff is deemed to have established C-Planning Road (D) (hereinafter “instant construction”) from macro-si around November 20, 2007.
(2) On January 21, 2008, the Plaintiff contracted for KRW 59,3730,000 to Defendant A Co., Ltd. (former trade name: E Co., Ltd.; hereinafter “A”) for the construction of reinforced concrete and water supply and drainage (hereinafter “instant subcontracted construction”) among the instant construction works, the Plaintiff subcontracted for KRW 31,2950,000 to Defendant A Co., Ltd. (hereinafter “A”).
3) On February 15, 2008, the Plaintiff, macrosi-si, and Defendant A agreed to pay the subcontract price that the Plaintiff is obligated to pay to Defendant A directly to the Defendant A. However, Defendant A renounced the subcontracted work in the middle of the subcontracted work, and thereafter the Plaintiff performed the subcontracted work. 4) Defendant B filed an application for provisional seizure of claim amounting to KRW 5,2170,000 among the claim for construction payment under the above direct payment agreement against Defendant A based on the claim against Defendant A around December 2010.
On December 10, 2010, the above court rendered a ruling of citing the provisional seizure of the above claim.
5) On March 3, 2011, after the completion of the instant construction project, the Plaintiff and Defendant A drafted “a written agreement for settlement of accounts” and “written settlement” containing the content that the Plaintiff is obligated to pay KRW 14850,000,000 to Defendant A. (6) around July 2011, the Plaintiff filed a lawsuit of demurrer against Defendant B against the third party seeking non-performance of compulsory execution based on the provisional seizure against the said claim. The first instance court ( through the Changwon District Court Decision 2011Mo6471) dismissed the Plaintiff’s claim.
In the appellate court (the Changwon District Court 2012Na6558), the judgment of the first instance on April 3, 2013 was revoked and the plaintiff raised on April 1, 2014.