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(영문) 의정부지방법원 2014.04.10 2012가합13498
채무인수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff’s right to claim construction costs for each mountain construction (hereinafter “san Construction”) entered into a contract with each mountain construction company, each mountain construction company (hereinafter “san construction”) on the land outside of 473-235 square meters and 28 square meters, Sinsi-dong, Geumho-si, Sin-si, Sin-si, 473-235 and 344 square meters, for the construction of a main multi-family apartment (hereinafter “instant construction”). on February 16, 2005, each mountain construction company (hereinafter “san Construction”) subcontracted the structural construction among the instant construction to the Plaintiff in the amount of KRW 2,695,00,000 for construction cost.

Busan discontinued the instant construction on November 15, 2005, and the Plaintiff also suspended the instant structural construction around that time.

On March 6, 2007, each of the construction works of this case entered into a contract for the construction work of this case with the construction cost of KRW 17,100,000,000 and the construction period of KRW 15 months from March 6, 2007 to the construction period of KRW 15 months from March 6, 2007. On March 6, 2007, Han Creung subcontracted the construction work of this case to the Plaintiff at KRW 2,380,00,000 again.

Each mountain Construction drafted an agreement on the settlement of shopping mall construction costs to pay the Plaintiff KRW 1,850,00,000,000,000,000,00 for the instant aggregate construction costs, based on the aforementioned settlement agreement, and the Plaintiff filed an application for payment order with the Namyang-si District Court 201j3811 in accordance with the said settlement agreement, and issued a payment order on November 8, 201, stating that “each mountain Construction will pay the Plaintiff KRW 1,850,000,000 and its delay damages,” and the said payment order was finalized as it is.

The Plaintiff’s claim for the acquisition price for each of the construction works in the Changdae Construction Industry Co., Ltd. (hereinafter “original Construction”) filed a lawsuit against each of the construction works in the Seoul Central District Court on March 7, 2007 and rendered a claim for construction price against each of the construction works in the Seoul Central District Court Decision 2006Gahap105486, “each of the construction works in the Yongsan Construction,” and paid for the construction works in the Changdae Construction and the delay damages.”

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