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(영문) 대전지방법원 2016.01.20 2014가합3676
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts falling under any of the following subparagraphs of basic facts may be acknowledged by comprehensively taking into account the respective descriptions of Gap evidence 1 to 4, 7 to 19, and Eul evidence 6 (including each number; hereinafter the same shall apply), or the whole purport of the pleadings and videos:

The Plaintiffs are creditors holding claims for the payment of the construction price against J, the president of the I Hospital, and the Defendants are the creditors of the said J, who are creditors of the said other construction payment against the said J, and are the former and present representatives of K, L, M and N, Inc. (hereinafter the above four companies, hereinafter referred to as the “Contractor”) or persons operating the said companies in substance.

B. On July 8, 2010, the Plaintiff’s mailing engineering received a contract for fire-fighting facility works among the construction works for expansion and reconstruction of the said hospital from the J of the Director of the International Hospital in Seo-gu Daejeon, Daejeon. On October 30, 2010, the said construction was completed, and the J received KRW 20,000,000 out of the construction cost.

Since then, the Plaintiff’s mailing engineering filed a lawsuit against the saidJ to the Daejeon District Court for the remainder of the construction cost under the 201Ahap7684, and received the judgment from the said court on September 22, 2011, that the J paid KRW 366,884,50 to the Plaintiff, and the said judgment became final and conclusive around that time.

C. On September 1, 2010, Plaintiff A received a subcontract for the said construction works from K, a contractor for the expansion and reconstruction works of an I Hospital contracted by the said J, and on November 20, 2010, Plaintiff A received a subcontract for the said construction works from P, a contractor for the construction works of the said I Hospital, and on November 20, 2010, received a subcontract for each of the said construction works from the said K and P, the said Company was unable to receive a subcontract price from the said K and P, and on which the said Company received a claim for each construction payment of KRW 120,000,000 from K and P, a contractor for the original contract, respectively, and notified the said J of the said transfer. The Plaintiff asserted against the said J.

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