Text
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. The reasoning of the court’s explanation concerning this case is as stated in the judgment of the court of first instance, except for the part as stated in paragraph (2) below, and therefore, it is also cited by the main text of Article 420 of the Civil Procedure Act.
2. The height of the part of the judgment of the court of first instance refers to the attachment and collection order of the Part 3, the Part 3, the Part 22, the Part 4, the Part 5, the Part 12, the Part 3, the Part 13, the part 5,89,960, the part 5,000,000,000,0000,0000,000,000,000
Part 6 to 15 of the decision of the first instance court is as follows.
4) When there exists a claim and a collection order transferred from a provisional attachment on a monetary claim to a provisional attachment, the third obligor may oppose the execution creditor on the grounds that the obligor could oppose the obligor before the claim is provisionally attached (see, e.g., Supreme Court Decision 2005Da41917, Jan. 26, 2006). Meanwhile, where the subcontractor and the contractor agree to pay directly the wages to workers of the contractor or the price of the goods necessary for the work to the contractor’s customer within the scope of the contract price to be paid to the contractor, even before the direct payment of the said wages or the price of the goods was made, the contractor may refuse to pay the contract price to the contractor as long as the work price was provided or the goods were supplied, and if such grounds were to have occurred before the contractor’s claim for the contract price against the contractor was seized, the execution contractor may also oppose the subcontractor.
(see, e.g., Supreme Court Decisions 89Meu2049, Apr. 27, 1990; 2010Da14483, Jul. 8, 2010). (B) based on the foregoing legal doctrine, the health unit for the instant case; and as seen earlier, the land unit for construction to the Defendant on December 3, 2015 for the construction period from Oct. 26, 2015 to Dec. 3, 2015.