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(영문) 광주고등법원 2015.05.15 2013나12005
배당이의
Text

1. The plaintiffs' preliminary claims added to the plaintiffs' appeal and the trial are all dismissed.

2. Costs of appeal.

Reasons

1. On February 23, 2012, a construction company incorporated as a foundation for fact-finding (hereinafter referred to as “Nayang-si”) was awarded a contract with the amount of 1,66,368,650 won, and the construction period from February 27, 2012 to August 24, 2012, with the payment of KRW 583,229,000 as advance payment under the construction mutual aid association’s advance payment guarantee on March 13, 2012.

On March 29, 2012, the Plaintiff-registered construction contract united for the construction period of Korea-Japan Construction Contract for the date of the Plaintiff-registered contract, between March 29, 2012 and July 10, 2012, and KRW 77,260,000 Howon Construction, March 29, 2012 to July 29, 2012, and KRW 187,90,000 from March 29, 2012 to July 10, 2012, and KRW 187,90,000 Daeyang Construction, March 28, 2012 to the Plaintiffs as a notary public, respectively, drafted a deed of subcontract for each of the instant construction as indicated below, with the amount of KRW 19,10,000 from March 28, 2012 to July 10, 2015 to the Plaintiffs:

Around June 5, 2012, the Mineyang reported that the construction volume needs to be changed, such as design change and soil stockpiling, due to changes in the site conditions, and ordered the construction of additional construction by July 10, 2012, and approved the said actual report on July 25, 2012.

B. Until July 12, 2012, the Plaintiffs executed the instant construction work in an amount equivalent to KRW 1,322,970,000, equivalent to the fixed rate of KRW 79.39% with respect to the initial contract portion during the instant construction work, and executed the construction work in an amount equivalent to KRW 320,000,000 equivalent to the fixed rate of KRW 94.85% with respect to the additional construction portion.

The Plaintiffs filed an application for the attachment and assignment order of a part of the claim for the construction price of this case against the Magyang branch of the Gwangju District Court on July 12, 2012 against the Notarial case based on the said Notarial Deed as set out below with respect to the foregoing Notarial case as indicated in the following table, and completed each decision of acceptance on July 12, 2012.

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