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(영문) 서울고등법원 2016.07.08 2016나2012494
추심금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. Conclusion of a contract for construction works and waiver of construction works; 1) Seoul Special Metropolitan City Esais Corporation (hereinafter “SH Corporation”);

B Co., Ltd. (hereinafter “B”) around September 2013

B) On November 11, 2013, E, F apartment and elementary school construction works, B entered into a contract for construction works, i.e., a joint sub-contractor with Thai Dri Construction Co., Ltd. (hereinafter “Taun Construction”) and Mine Quasi-Industrial Co., Ltd. (hereinafter “B”) during the said construction works (hereinafter “instant construction works”) with the contract amount of 4,650,000,000 won, and the construction period of construction from November 11, 2013 to March 31, 2015, and subcontracted the said construction works.

(hereinafter “instant subcontract”). However, on May 26, 2014, it sent to B a letter that it would waive the instant construction due to the aggravation of management conditions (However, it appears that the instant construction was actually performed by the beginning of August 2014).

(B) B. (1) On July 22, 2014, the Plaintiff, based on the executory exemplification of a notarial deed with respect to Taecheon Construction, issued a 321,149,834 won of the claim amount based on the executory exemplification of a notarial deed, and the debtor Taecheon Construction, and the third debtor B issued a collection order for the seizure and collection (hereinafter “instant seizure and collection order”), and the instant seizure and collection order was served on B on July 25, 2014.

2) The claim against the seizure and collection order of this case stated as “The claim for construction cost which Tae Y Construction has been executed on order basis of civil engineering and reinforced concrete construction among F apartment construction works from B. 3) The G, H, Cheongbu Industrial Co., Ltd., and Cheong Cheongju Pung (Cheongju) Industries, including the Plaintiff, were seized and executed as to the claim for construction cost against Tae YY from July 2014 to December 2014. The sum of each claim amount reaches KRW 422,635,017.

(c) direct payments; and

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