logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.12.24 2014가합34805
추심금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) Co., Ltd. E (hereinafter “E”) between Co., Ltd. and Defendants

(2) On December 29, 2009, Defendant B entered into a construction contract with Defendant C by setting the construction period from December 29, 2009 to August 201, 2010, and the construction cost of KRW 505,00,000. (2) On December 29, 2009, E entered into a construction contract with Defendant C by setting the construction period of KRW 90,90,000 with respect to the installation of electric heating apparatus.

3) On December 29, 2009, E entered into a construction contract with Defendant D by setting a construction period of KRW 121,200,000 with respect to the installation of electric heating apparatus from December 29, 2009 to August 2010, and the construction cost of KRW 121,20,000. 4) E completed part of the installation of electric heating apparatus to Defendant B and the installation of electric heating apparatus to Defendant C and D around August 2010.

B. 1) On December 18, 2013, the Plaintiff received a favorable judgment from the Changwon District Court 2013Gahap3286, which stated that “E shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from May 4, 2013 to the date of full payment,” and that “E shall pay to the Plaintiff the amount calculated at the rate of 20% per annum from May 4, 2013 to the date of full payment.” On January 11, 2014, the judgment became final and conclusive on June 20, 2014. 2) On June 20, 2014, the Plaintiff received each of the electric heating apparatus installation claims against the Defendants of Changwon District Court 2014Da15497, Busan District Court 2014; and the instant collection order was served to Defendant C on July 4, 2014, and each of the instant collection orders was served to Defendant C. 304.

C. On November 10, 201, E entered into a contract with the Defendants and F to transfer the right of construction contract and the right of construction payment for each electric heating apparatus installation work against the Defendants to E, and obtained a fixed date on January 24, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, and

arrow