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(영문) 부산지방법원 2015.02.11 2012가합16325
양수금
Text

1. The Defendants are listed on the list of the Plaintiffs (Appointeds) and the designated parties listed on the list of the designated parties in the attached Table 1.

Reasons

1. Basic facts

A. The Plaintiff and the designated parties are the subcontractors of the three-party comprehensive building business (hereinafter “three-party comprehensive building business”).

B. On April 11, 201, 201, Sampo Construction Co., Ltd. was awarded a contract for construction cost of KRW 51,000,000 for the construction work of the construction of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the

(hereinafter referred to as “each building construction of this case”). C.

However, from the end of December 2012, 300, A et al. delayed construction with the deadline for completion of the construction. From the end of the 3rd general construction business, A et al. paid a direct payment for the construction cost to the subcontractors of the 3rd general construction business. However, as the 3rd general construction business continues to perform the said construction, A et al. notified the termination of the instant contract and directly performed the remainder of the construction. After completing each of the instant construction, after completing each of the instant construction, A et al. obtained approval for each of the following items: (a) on March 27, 2012; and (b) on March 20, 2012.

On February 16, 2012, Defendant B transferred all the claims against the building construction of the instant building B to the said Defendant’s third-party comprehensive building construction, notified the third-party comprehensive building construction of the same day of assignment, and the said notification reached the third party comprehensive building construction around that time.

E. Meanwhile, on April 8, 2013, A died while the instant lawsuit was pending, and the Defendants jointly inherited the deceased’s property, taken over the instant lawsuit.

(2) As to the claims and obligations related to each construction of the building of this case, the deceased and the defendant B shall be referred to as “the deceased” (hereinafter referred to as “the deceased”). 【No dispute exists with the grounds for recognition, the entries in the evidence No. 16-1, 2, and No. 4-1, 2, and 5-1, 2, and 11-14 of the evidence No. 16-2, and the purport of the whole pleadings.

2. Determination

A. The plaintiff's assertion (1) Tri general case is ① progress payment of KRW 869,00,000 for the deceased, ②.

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