beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 22, 2014, the lower court filed a lawsuit seeking payment of equipment due to loan of pumps against the Defendant as the Defendant’s principal contractor (hereinafter “Korean Civil Construction”) under this Court No. 2014 Ghana5381, and against the Defendant’s construction of Han Civil Construction Co., Ltd. (hereinafter “Korea Civil Construction”) who leased and used pumps that were inserted into “B” from the Defendant, and against Han Civil Construction, the said court shall pay KRW 6,000,000 to the Defendant by July 30, 2014. If the Plaintiff and Han Civil Construction fail to pay the said amount by the payment date, the payment of the unpaid amount plus damages for delay calculated annually from the date following the date of payment until the date of full payment (hereinafter “reconciliation recommendation order”). The settlement recommendation order cannot be acknowledged as either of the parties’ arguments or the entire statement on August 14, 2014.
2. The assertion and judgment
A. The main point of the Plaintiff’s assertion is that the Defendant’s obligation to use equipment, such as pumps, as claimed by the Defendant, is borne by the Korea Civil Construction Corporation, and the Plaintiff does not directly bear the obligation to pay the cost.
The commitment to direct repayment made by the Plaintiff against the Defendant is merely merely the meaning that the Plaintiff would pay the price that may arise with respect to the portion of the construction that the Plaintiff directly proceeds in the future, or that it would make a direct payment within the limit of the contract amount with the Hanmin Construction, or that the Plaintiff would make a direct payment with respect to the amount of the lower payment within the limit of the contract amount with the Hanmin Construction. As such, the Defendant’s claim against the Plaintiff does not exist, and compulsory execution based on the decision to recommend settlement of this case should be
B. Judgment of the Civil Procedure Act.