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(영문) 서울중앙지방법원 2015.06.23 2014가합62591
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On December 4, 2012, the fact that there is no dispute over the basic facts [based on the recognition], Gap evidence Nos. 1, 3 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, and HyundaiMco Co., Ltd. (hereinafter referred to as "NMco") awarded a subcontract to the gold health business (hereinafter referred to as "gold health business") with respect to the steel frame construction works in Gwangju-gu Gwangju Mine Industrial Complex A28-1BL located in Gwangju-gu, which was ordered by Hyundai MMco Co., Ltd. (hereinafter referred to as the "MMco") from among the construction works for the new construction of the Hanero Factory Factory Complex in Gwangju-gu, Gwangju-gu.

The gold Health Business was processed in default on May 31, 2013 due to the failure to pay promissory notes, etc., in the process of the instant construction project.

On February 6, 2014, the Plaintiffs filed an application against the gold health business for the payment order for the price of goods at the construction site of the instant case (Seoul Eastern District Court Decision 2014Guj168), and on February 6, 2014, the payment order was finalized that “The gold health business” was the payment order for the amount of KRW 902,260,554 to Gangwon-do Co., Ltd., Ltd., the amount of KRW 282,129,100, and interest interest for each of the above amounts.”

MoMCo was merged into the defendant around April 2, 2014.

On September 15, 2014, the Defendant deposited KRW 146,850,00 among the subcontract consideration for the instant construction works as the “gold Steel or the NASS Steel Co., Ltd. (hereinafter “HSS”) or as the “TSPP Co., Ltd. (hereinafter “TSS”) or Taesung C&C Co., Ltd. (hereinafter “TSP”)” at the Seoul Central District Court Decision 2014 Geum20542, supra (hereinafter “the deposit”).

2. As to the cause of claim

A. The gist of the Plaintiffs’ assertion was that the Defendant agreed to deposit KRW 146,800,000 with the gold health business and the deposited person as the Plaintiffs on July 2014. This constitutes a contract with a third party, and the Plaintiffs expressed their intent to make profits therefrom.

Nevertheless, the defendant excluded the plaintiffs from the depositor, and this case.

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