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(영문) 전주지방법원 2019.12.10 2017가단14125
추심금
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The Defendant and F are the owners of the new construction of the G loan in North Korea-U.S., the same business relationship.

B. Around July 2015, F initially contracted a structural construction among the foregoing new construction works to H. On July 31, 2015, H confirmed that, as the representative director of I limited liability company, H agreed to lease construction materials to 8,2620,000 won in total at the construction site of F’s joint and several surety, and agreed to lease construction materials to 8,262,00 won in total at the construction site of the said new construction works, and that there was a credit amount of KRW 16,376,00 in relation to timber.

C. Since then, H was omitted from the foregoing new construction, K agreed to perform the obligation with respect to temporary materials, hardware, etc. while succeeding H’s structural frame, and on October 15, 2015, the Defendant and F agreed to receive a contract with the amount of KRW 450,000,000 from the said new construction (hereinafter “instant construction”).

K up to the fourth floor slab project around the end of October 2015 and suspended the instant construction work.

E. Meanwhile, with respect to the instant construction project, the Plaintiff, the Appointed C, and the Selection D provided labor under employment of K, and at the request of K, the Selection E provided meals and accommodation to the members working at the construction site of this case.

F. On November 2, 2016, the Plaintiff and the designated parties filed a lawsuit against K seeking payment of wages, accommodation expenses, etc. unpaid by Jeonju District Court 2016Da11804, and on November 2, 2016, the said court rendered a ruling of recommending reconciliation with the purport that “K shall pay to the Plaintiff (A) KRW 9.4 million, KRW 10.6 million to the Selection, KRW 5.3 million to the Selection, KRW 15,157,000 to E, and KRW 15% per annum to the Selection from September 23, 2016 to the full payment day” (hereinafter “decision of recommending reconciliation in the prior case”). The said ruling of recommending reconciliation in the prior case was finalized on December 3, 2016.

G. The Plaintiff and the designated parties are KRW 10,09,205, among the instant construction cost claims against the Defendant held by K on the basis of the decision of recommending reconciliation in the preceding case.

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