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(영문) 광주고등법원 2015.09.16 2014나3428
추심금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. A. On June 17, 2002, the Defendant entered into a contract for construction of facilities related to the Southern Heat Port between the Defendant of the Company B and the performance of the sewage supply work from the Defendant of the Company B, and the Defendant entered into a contract for construction of facilities related to the Southern Heat Port (hereinafter referred to as the “B”) in relation to the construction work of the said Section B (hereinafter referred to as the “B”) with respect to the installation work of the said Section B (hereinafter referred to as the “B”) in relation to the installation work of the said Section 1, which was supplied by the Jungjin-gun for the above reasons.

(B) The Plaintiff concluded a sewage supply contract with B, and B commenced each construction work thereafter, and completed each relevant construction work prior to the date of completion of each construction work in the attached Table of Construction Contract. B) The Plaintiff filed a lawsuit against B and C, around 2010, seeking payment of the previous amount of debt, agreed damages, etc. (Seoul District Court 2010Gahap8657) on the ground that the Plaintiff was discharged from the sales contract on the grounds that the Plaintiff did not perform its obligations under the tin sales contract entered into in lieu of repayment to the previous Plaintiff, and that the Plaintiff did not perform its obligations against B and C, and that the Plaintiff did not perform its obligations under the tin sales contract to pay its obligations to the previous Plaintiff, and that “B and C jointly and severally receive money from the said court on May 12, 2011 to the Plaintiff from August 24, 2010, and from October 7, 2010 to November 25, 2010 to each of the following:

B and C appealed against the above judgment, but (201Na2820) after the Gwangju High Court of Justice 201Na2820, the appeal was withdrawn and the above judgment became final and conclusive with respect to B.

2. On June 29, 2012, the Plaintiff considered the executory exemplification of the judgment rendered by the said Gwangju District Court 2010Gahap8657 as the executory title, and filed a claim with the Gwangju District Court 2012 TaT4713.

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