(영문) 서울고등법원 2014.10.24 2014나14278

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.10.24 2014나14278

양수금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The court's explanation of this part of the judgment on the cause of the claim is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this by the main text of Article 420 of the Civil Procedure Act.

2. The defendant's assertion and judgment as to it

A. Defendant’s assertion (1) The non-party company is obligated to pay the Defendant the warranty bond of KRW 29,436,00,000 to the Defendant. As such, the above warranty bond should be deducted from the remaining construction cost. (2) Of the claim for the construction cost transferred by the non-party company, the notice of transfer should be deducted from the above warranty bond of KRW 141,422,222 (the table No. 1

③ However, the notice of assignment of claims by Hyundai Metal Co., Ltd. (hereinafter “Mo Metal”), the Plaintiff, and A (Nos. 4 through 6 below) reached the same time, and the Defendant deposited the remainder of the construction costs to the above creditors (i.e., KRW 253,426,520 - KRW 29,436,520 - KRW 29,436,000 - KRW 141,422,2222). As such, the Defendant’s obligation to the non-party company was all extinguished.

B. (1) The Defendant concluded a subcontract with the non-party company (hereinafter “instant subcontract”), set the warranty bond rate of 3%, and set the special conditions as follows.

Article 11 (1) When a non-party company makes a request for the payment of the warranty bond for the construction of this case or a request for the payment of the completion bond, the non-party company shall deposit the warranty bond for the construction of this case in cash or submit it by issuing the warranty bond.

② If the non-party company fails to submit a warranty bond, the defendant may deduct the amount corresponding to the completion bond of the non-party company from the amount of completion.

Article 19 (1) If there is any amount of progress payment to be paid by the defendant to the non-party company as a result of the settlement of the contract price due to the cancellation or termination of this contract, the remaining amount excluding labor cost from the amount of the progress payment shall be offset by the amount of the defect performance guarantee bond

참조조문

-민사소송법 제420조

유사 판례

-서울고등법원 2014. 10. 24. 선고 2014나14278 판결

-대전지방법원 2019.11.21 2018가단22937

-수원지방법원 성남지원 2014. 1. 21. 선고 2013가합5400 판결

-서울중앙지방법원 2016.02.12 2015가단11777

-수원지방법원성남지원 2014.01.21 2013가합5400