(영문) 서울고등법원 2015.09.24 2014나53921

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(영문) 서울고등법원 2015.09.24 2014나53921

전부금

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On February 22, 2013, A Co., Ltd. (hereinafter referred to as “A”) concluded a subcontract with the Defendant and the Switzerland Development Co., Ltd. to provide that the contract amount of civil engineering works shall be KRW 3,747,90,000, and the construction period shall be KRW 3,747,90,000, and the subcontract shall be accepted from February 22, 2013 to June 6, 2015.

(hereinafter “instant subcontract”). (b)

On September 9, 2013, the Plaintiff issued a bond attachment and assignment order (hereinafter “instant assignment order”) with respect to KRW 105,00,000 out of the construction price under the said subcontract against the Defendant by a notary public against A based on the authentic copy of a notarial deed with the executory power of No. 770 in 2013, the Plaintiff issued a bond attachment and assignment order (hereinafter “instant assignment order”) with respect to KRW 105,00,000 among the construction price under the said subcontract against Defendant A.

C. The above assignment order was served on the Defendant on September 11, 2013, and was served on September 26, 2013, and became final and conclusive on October 5, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. According to the facts of recognition as to the cause of claim, barring any special circumstance, the Defendant, the garnishee of the assignment order of this case, is obligated to pay to the Plaintiff, the entire creditor, the amount equivalent to the Plaintiff’s claim amount out of the construction cost under the subcontract of this case, and delay damages therefor.

3. Judgment on the defendant's defense

A. The Defendant’s assertion already agreed to pay the price of wages, equipment, etc. to the obligees A in accordance with the termination of the instant subcontract between the Defendant and A before the Defendant was served with the entire order of this case and the direct non-payment request of A, and thus, it can be set up against the Plaintiff.

B. Within the scope of the construction cost to be paid by the contractor to the contractor between the contractor and the contractor.

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