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(영문) 부산지방법원동부지원 2014.12.11 2013가합3216
전부금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Subcontract contract between Jinsung Development Co., Ltd. and Yang Sung Construction Co., Ltd. (hereinafter “Ginsung Development”)

) On December 27, 2011, a pair of construction companies (hereinafter referred to as “balm construction”) is referred to as “balm construction”).

A) A subcontract for reinforced concrete construction works in the amount of KRW 10,685,874,000 (hereinafter referred to as “contract for the second apartment construction works in the area of Kumdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

(2) On April 16, 2012, Jinsung entered into a subcontract with the Korea Occupational Safety and Health Agency (hereinafter “the subcontract with the Korea Occupational Safety and Health Agency”) that executes reinforced concrete construction works in the amount of KRW 7,425,00,000 in price among the “Korea Occupational Safety and Health Agency Construction Works” in the 198-2 North-dong, Ulsan-dong, Ulsan-do.

3) The proviso to Article 22(1) of the aforementioned subcontract agreement provides that construction for the two-way may be immediately cancelled or terminated without a peremptory period in the event that the development of the truth is insolvent. (b) The Plaintiff filed an application against the Jinsung Development on April 18, 2013 for a payment order for the rent for construction materials under the Busan District Court Decision 2013 tea60,972,180, and damages for delay thereof. The above payment order was issued on April 19, 2013, and the provisional attachment, attachment and assignment order was finalized on May 11, 2013. (c) The Plaintiff applied for a provisional attachment order for construction materials for the Jinsung Development under the provisional attachment order and assignment order under the contract order under the same Ordinance as the Busan District Court Decision 2013Da25353, Apr. 25, 2013, the Plaintiff applied for a provisional attachment order under the same Ordinance as the Seoul High Court Order 2013Da325363, Jun. 23, 2015.

The provisional attachment ruling was served on May 9, 2013.

2 The Plaintiff developed the truth on May 13, 2013.

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