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(영문) 서울중앙지방법원 2013.04.11 2012가단276603
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The owners of Seocho-gu Seoul, including the Defendants, concluded a contract for construction with the e-net comprehensive construction company to reconstruct the above lending, and commenced reconstruction construction, but the construction was suspended due to the failure of the e-mail comprehensive construction company.

B. Around May 2008, some of the owners of D Borrowing signed a construction contract (hereinafter “instant contract”) with E on June 2008, 2008, setting the period for commencement of the construction project at KRW 2,716,400,000 (excluding value added tax) and KRW 1/1,000 (hereinafter “instant contract”). From among D Borrowing owners, F, G, H, I, etc. put their seals on the instant contract as joint implementers of the reconstruction project.

C. After that, the above co-implementers prepared a written agreement on the share of construction cost under the instant contract with the non-party company individually.

However, the non-party company did not undergo the completion inspection and actually suspended the reconstruction work.

On the other hand, on July 24, 2009, the non-party company transferred to the plaintiff the claim of KRW 50 million held by the non-party company against the defendant B under the contract of this case and the claim of KRW 43 million against the defendant C, respectively, and notified the defendants on September 2, 2009.

The Defendants received the above notification of transfer on September 3, 2009.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2, 3, 5 through 7 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion Defendants, including the Defendants, agreed to pay the final contribution as construction cost to the Nonparty Company after concluding a contract for reconstruction works with the Nonparty Company.

Defendant B shall pay KRW 171,052,686 to the non-party Company and KRW 150,360,091 to the non-party Company. The Plaintiff shall pay KRW 50 million from the non-party Company to the non-party Company, and the Plaintiff shall pay KRW 50 million from the non-party Company.

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