(영문) 부산고등법원 2017.07.06 2016나2550 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.07.06 2016나2550

양수금

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 82,540,488 won to the plaintiff Samyang Shipbuilding Co., Ltd.

Reasons

1. The reasons for this part of the facts are as follows: “The result of each fact-finding on Jeju Special Self-Governing Province and B by this Court” among the recognized evidences, except for the fact-finding on Jeju Special Self-Governing Province and B as “the result of each fact-finding on Jeju Special Self-Governing Province and B by the first instance court,” and therefore, it is identical to the corresponding part of the reasoning of the first instance judgment. As such,

2. Determination on the cause of the claim

A. From January 9, 2014, the Plaintiffs received part of the claim for the second progress payment (the KRW 150,000,000,000,000 won, Plaintiff Samyang Shipping 250,000,000 won, and Plaintiff A 100,000,000), among the claim for the second progress payment from Nonparty B (hereinafter “the claim for the acquisition of the instant amount”), and each of the claim assignment notice given by Nonparty B reached the Defendant on January 13, 2014.

On the other hand, since the total amount of the claim for the takeover of this case exceeds the amount payable for the second time by the defendant, the defendant is obliged to pay the remaining two-time progress payment to the plaintiffs according to the ratio of the amount of each takeover.

B. In full view of the appraisal result of the appraiser E of the first instance court and the purport of the entire arguments and the purport of the argument in the first instance court, Jeju Special Self-Governing Province and the fact-finding result of the first instance court on B, B, as it is recognized that the Defendant invested F Rab dredging lines, etc. from December 31, 2013 to January 15, 2014, and completed construction work equivalent to KRW 355,330,80,00, the third progress payment that the Defendant has to pay to B, is the above KRW 35,330,80. Therefore, the third time progress payment that the Defendant has to pay to B is 531,565,960 won which remains unpaid at the time of the termination of the subcontract in this case, and KRW 85,30,860,800 which remains after the remainder of the subcontract in this case’s advance payment, excluding the remainder of the pre-paid payment from KRW 75,870,700 won.7

유사 판례

-부산지방법원 2015.06.10 2014가합16435

-대구지방법원 포항지원 2020.05.28 2019고단1723

-부산지방법원 2017.06.13 2015가단47156

-청주지방법원충주지원 2017.04.12 2016가단6449

-창원지방법원 2020.02.13 2019가합53641