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(영문) 수원지방법원안산지원 2016.11.10 2016가합5341
청구이의
Text

1. The defendant (Appointed Party), Tae Young-gu Co., Ltd. and the designated parties, and the plaintiff of Seo Young-gu Co., Ltd.

Reasons

1. Facts of recognition;

A. On March 27, 2012, the Plaintiff and Nonparty M&D Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) concluded a contract with the Nonparty Co., Ltd. on March 27, 2012, setting the construction cost of the neighborhood living facilities and new housing construction works on the ground B (hereinafter “instant construction cost”), the construction period from April 1, 2012 to September 30, 2012, and the liquidated damages rate of 1/1,000 per day.

On December 14, 2012, the non-party company completed the above construction work, and on December 20, 2012, the Plaintiff paid KRW 120,000,000 out of the construction cost of the instant case to the non-party company.

B. On November 20, 2012, Nonparty Company transferred KRW 260,000,000 among the instant claim for construction payment to Nonparty C, and on December 20, 2012, notified the Plaintiff of the transfer of the said claim by content-certified mail, which is a document with a fixed date.

In addition, on November 20, 2012, the non-party company transferred KRW 120,000,000 out of the instant construction cost claim to the Defendant (Appointed), Tae Young-gu Co., Ltd. (hereinafter “Defendant Tae Young-gu”), and on July 10, 2013, the non-party company notified the Plaintiff of the transfer of the said claim by content-certified mail, which is a document with a fixed date.

C. The Defendants and the designated parties, who are the subcontractors of the non-party company and the non-party company in the lawsuit against the non-party company and C, seek against the non-party company and C the payment of the subcontract price of KRW 1,230,627,172 and damages for delay thereof. As to the non-party company, the Defendants and the designated parties filed a lawsuit seeking the revocation of the assignment of claims between the non-party company and the non-party company on November 20, 2012, which was concluded between the non-party company and the non-party company with the above claim as the preserved right and filed a lawsuit seeking the revocation of the assignment

On June 17, 2014, the following mediation (hereinafter “instant mediation”) was established in the said lawsuit.

【Mediation Provisions】

1. The case where the non-party company had against the plaintiff between the non-party company and C.

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