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(영문) 서울서부지방법원 2013.08.29 2012가합30106
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. Facts of recognition;

A. On August 17, 2009, the Defendants entered into a construction contract with the New Asia General Construction Co., Ltd. (hereinafter “New Asia General Construction”) with the Defendants that the New Asia General Construction Co., Ltd. (hereinafter “New Airport”) will receive from the Defendants a total of KRW 3.6 billion for the construction cost (50% prior to the date of additional dues, 50% prior to the date of approval for use, and 50% each payment after the date of approval for use).

After that, on February 17, 2010, the Defendants changed the construction contract to the effect that the New Asia General Construction Co., Ltd. (hereinafter “New Asia General Construction”) will carry out the remainder of the construction project excluding the interior work among the instant construction and reduce the construction cost to KRW 2,982,243,00 (including additional tax).

(hereinafter referred to as the “instant construction contract”) between the Defendants and the New Asia Construction Contract.

The Plaintiff, as a manufacturer or seller of construction materials, such as steel bars, was selling steel bars, etc. to be used for the instant construction to New Asia Construction. On March 5, 2010, the Plaintiff was transferred KRW 160 million out of the construction cost claim against the Defendants of New Asia Construction for the repayment of sales proceeds claims, such as the said steel bars, from New Asia Construction.

(hereinafter referred to as “transfer of claim of this case”) C.

On May 3, 2010, New Asia General Construction notified the Defendants of the assignment of claims in this case, and the notification was delivered to the Defendants on May 4, 2010.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 5, Eul 1 and 3, and the purport of the whole pleadings

2. Part on the claim for takeover amount

A. According to the facts of the determination as to the cause of the claim, the Defendants, as joint contractors of the construction contract, are jointly and severally liable to pay to the Plaintiff the remainder of KRW 128 million ( KRW 160 million - 32 million), excluding the sum of KRW 32 million paid to the Plaintiff out of the instant acquisition amount.

B. Determination on the defense, etc. (1)

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