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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On December 27, 2005, C entered into a contract for additional construction cost of KRW 130 million,00,000,000,000 for the construction cost of Pyeongtaek-si E E (hereinafter “the instant interior works”) with D on December 27, 2005. On January 12, 2006, C entered into a contract for the construction work with D with the content of making the interior of the instant interior of the said construction work.
B. The Plaintiff, the Defendant, the F Co., Ltd. (hereinafter “F”), G et al. were awarded a subcontract for the instant interior works from D.
C. On February 18, 2006, D completed a construction waiver statement to the effect that “to waive all the legal rights to the instant interior works” and suspended the construction work.
C paid D the construction cost of KRW 454 million from December 27, 2005 to February 14, 2006. D.
D on February 22, 2006, transferred to F and G the claim for the price of the instant interior works against C.
E. After having waived D’s construction, C has prepared a written consent to the execution of the agreement to the effect that H Co., Ltd. (the representative director), G and subcontractor, representing the subcontractor, shall complete the contracted construction with D, and C shall agree to pay the amount agreed upon with the subcontractor after the completion of construction, and the price to be paid shall be KRW 275 million (excluding value-added tax) and the subcontractor shall continue to perform the instant interior construction.
F. On May 1, 2006, the Defendant filed an application against C for provisional seizure of corporeal movables as the claim for construction price of KRW 337,723,00,00 in relation to the Rotterdam Corporation, under which the Defendant filed a claim for the construction price of KRW 337,723,00 in relation to the Rotterdam Corporation, and the said court deposited KRW 10 million with the Defendant as the guarantee, and decided to provisionally seize C-owned corporeal movables by receiving the deposit guarantee insurance policy as security.
(hereinafter “instant provisional seizure”). F. G. H. H. transfer against C by Seoul Central District Court 2007Gahap52664.