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(영문) 서울고등법원 2015.11.12 2015나2007174
전부금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Around March 15, 2013, G, a representative director of H, entered into a contract for construction works with the immediately A&U comprehensive development corporation (hereinafter “directly comprehensive development”), whereby the immediately comprehensive development was executed on the land outside B and three lots of land, the construction cost was determined as KRW 1,089,200,000, and June 20, 2013 as the completion date of construction work.

B. After the conclusion of the above construction contract, G and the immediate comprehensive development agreed upon the Defendant’s subcontracting of the above construction works to secure a stable loan related to the above new construction works and to raise the Defendant’s performance. In order to secure a stable loan and to enhance the Defendant’s performance, G renounced renounced the part of the above new construction works. The immediate comprehensive development agreed to the Defendant as the contract owner for the above construction works, and the Defendant again agreed to D, who is H’

C. Accordingly, on April 12, 2013, the Defendant entered into a contract with the head of the building area of KRW 563,20,000 and the construction period of KRW 563,20,000, and the Defendant entered into a subcontract with D on April 25, 2013 by setting the said construction amount of KRW 560,340,00 and the construction period of KRW 560,340,00 and June 20, 2013, and entered into a contract for construction works thereafter (hereinafter “instant construction contract”).

The Plaintiff is a creditor who has lent money to D, and the Plaintiff drafted a notarial deed as a law firm 7th of 2014 on the above loan claims.

On January 17, 2014, the Plaintiff was issued a claim attachment and assignment order (hereinafter “instant assignment order”) regarding KRW 280,000,000 among the claim for construction price under the instant construction contract, which was held against the Defendant by Jeonju District Court Branch 2013TTTT308, based on the said authentic deed, and the said assignment order was finalized after it was served on the Defendant on January 22, 2014, and on January 27, 2014.

[Ground of recognition] There is no dispute.

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