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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2015.11.26 2014가합61496
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2005, the Defendant supplied national highways substitutions (Guy-west) to the Dasan Construction Co., Ltd. (hereinafter “Yancheon Construction”) within the jurisdiction of the Jeonju City on September 2005, and subcontracted to the construction works on the above bypass roads, soil, reinforced concrete construction works, appurtenants and other construction works among the above bypass roads.

B. On February 10, 2009, the Defendant and the Maritime Construction settled the construction cost of KRW 3,049,200,000 (i.e., soil and reinforced concrete construction cost of KRW 1,335,400,00 and other construction cost of KRW 1,713,80,000).

C. The Plaintiff is a subcontractor who re-paid and received traffic signs and miscellaneous production and installation works from the construction of the above bypassing roads. Around 2010, the Plaintiff filed a lawsuit for the claim of construction cost (Seoul High Court 2010Gahap13673) against the construction of the Yancheon (Seoul High Court 2010Gahap13673) and was sentenced on March 24, 2011 to the effect that “the Plaintiff shall pay to the Plaintiff the amount calculated at the rate of 115,03,700 won and 20% per annum from December 31, 2010 to the date of full payment.” The above judgment became final and conclusive around that time.

The plaintiff above C.

On October 21, 2011, following the issuance of an order for seizure and assignment of the claim for construction price against the Defendant by using the claim for the construction price under paragraph (1) as the right to be preserved, the court below rendered a judgment of dismissal in the appellate court on February 11, 2014 (Seoul District Court 201Gahap13199) and rendered a judgment in favor of the Defendant on May 31, 2012. The judgment of the appellate court became final and conclusive on March 1, 2014, and became final and conclusive on March 1, 2014.

(hereinafter referred to as “the first judicial claim”). (e)

On June 19, 2014, the Plaintiff filed an application for intervention as a co-litigation intervenor (2011da22170) with the Plaintiff in a lawsuit claiming a collection amount against the Defendant by the mobilization afforestation industry corporation (the Jeonju District Court 2011Dadan9077). However, the Plaintiff withdrawn the said application for intervention, and the said claim for collection was terminated.

(c).

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