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(영문) 서울고등법원 2015.09.18 2014나9115
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants in the judgment is modified as follows.

Defendant 1.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, except for the following modifications or additions. Thus, this part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

o The last 4th of the first instance court ruling, 7th 14-17, 10th 9-10, and 17-18th 17th 17th 18 were changed to “Defendant J and Defendant E,” respectively, and the part of “Defendant E and Defendant J” among the grounds for recognition of the first 11th 1st 1st 1st 1st 1st 2.

o The 5th page "T" of the judgment of the first instance court is written into "k", and the 5th page "T" is added after the assignment order of the last parallel (hereinafter referred to as "the first assignment order") is added.

o Additional Parts (not more than the last 10 pages of the first instance judgment)

E. (1) On August 19, 2014, the succeeding intervenor filed an application against the Plaintiff for the attachment and assignment order (hereinafter “the second assignment order”) with respect to the Plaintiff’s claim for construction cost claim or the claim for return of unjust enrichment against the Defendants against the Busan District Court, the Busan District Court, 201j43, 201, 424 won (hereinafter “the second assignment order”). On August 19, 2014, the said court attached the Plaintiff’s claim for construction cost or the claim for return of unjust enrichment amounting to KRW 70,410,552 against the Defendants and issued the attachment and assignment order (hereinafter “the second assignment order”).

The above assignment order was served on the Defendants from August 22, 2014 to November 14, 2014, respectively.

(2) The succeeding intervenor AC filed an application against the Plaintiff for attachment and assignment order against the Plaintiff’s claim for construction cost claim or unjust enrichment return claim (217,441,968 won) under the Seoul Eastern District Court Decision 2014Da23561, May 20, 2015 (Seoul Eastern District Court 2015 TaT720), and the said court on May 20, 2015.

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