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(영문) 대구지방법원 포항지원 2018.04.05 2015가합514
양수금
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Basic facts

A. The Eunpyeong Comprehensive Industry Co., Ltd. (hereinafter referred to as the “Masung Comprehensive Industry”) contracted with the E City Development Association (hereinafter referred to as the “Association”) for the construction of the E Urban Development Project, which is being implemented in the area of 207,766 square meters of 207,00,000 square meters of Mapo-gu, Northern-gu, North Korea, and the Defendant and Taesan Construction Co., Ltd. (hereinafter referred to as “ Taesan Construction”) jointly accepted the remainder of the said construction from the Gisung Comprehensive Industry, excluding the electrical construction during the said construction. On March 27, 2013, the Daedae Construction Co., Ltd. (hereinafter referred to as the “Masan Construction”) and Taesan Construction Co., Ltd. (hereinafter referred to as the “instant construction”) received a subcontract for the construction cost of the said construction work as KRW 4,510,00,000 (including value-added tax) among the civil works within the said construction project.

B. The Plaintiff and the designated parties entered into a contract for leasing slots to supply them at the construction site of the instant construction site, and pursuant to the said contract, supplied or leased slots at the construction site of the instant construction site.

C. However, the contract for construction works entered into between the union and the Pyeongtaek Comprehensive Industry was rescinded, which led to the suspension of the entire construction works for the E-Urban Development Project including the instant construction works.

Plaintiff

In addition, the subcontractor, including the designated parties, who entered into a contract for the supply of slots, equipment leasing contract, etc. with the Daeyoung Construction and the equipment leasing contract, urged the subcontractor to pay slots or equipment rental fees, etc., on June 18, 2015 between the subcontractor and the subcontractor including the Plaintiff and the designated parties, and on June 18, 2015, the obligation equivalent to KRW 338,432,669, out of the construction cost claim amounting to KRW 403,665,50,000, KRW 10,000, KRW 24,736,00,000, and KRW 15,000,000 to the Plaintiff, including the Plaintiff and the designated parties, shall be each obligation of KRW 338,432,665,00,00 among the construction cost claim amounting to KRW 403,65,500,00 for the Defendant.

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