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(영문) 대구지방법원 2020.06.04 2019나309960
공사대금
Text

1.The judgment of the first instance shall be modified as follows:

Among the lawsuits in this case, the part of the creditor subrogation claim is dismissed.

Reasons

1. The judgment of the first instance court rendered a judgment on the scope of a party member's appeal, the primary claimant's liability, the tort liability, and the conjunctive claimant's subrogation claim.

Accordingly, only the Defendant appealed against the obligee subrogation portion. While reducing the purport of the claim, the Plaintiff asserted liability as a party, tort liability, added the claim for damages on the ground of direct non-payment and infringement of collection claims. The above claims are selective claims, and thus, they are newly determined at the trial.

2. Basic facts

A. On August 4, 2016, the Defendant entered into a contract between the Defendant and B (hereinafter “B”) with respect to a contract for the construction and removal of C, 19 million won, and the construction period from August 8, 2016 to November 5, 2016, and entered into a contract for the construction of the instant contract (hereinafter “instant contract”). On November 3, 2016, the date of completion was changed from November 5, 2016 to November 30, 2016.

B completed the construction work on November 30, 2016.

B. On November 15, 2016, the Plaintiff prepared a subcontract agreement between the Plaintiff and B, and the Plaintiff supplied the interior works at the contract price of KRW 2,585,00,000 from B, and completed the said construction works around November 30, 2016.

(hereinafter referred to as “instant subcontract”). (c)

B The decision of provisional seizure, seizure, and collection order against the defendant of B, as shown below, was delivered to the defendant with respect to the claim for the construction price against the defendant of B of the provisional seizure, seizure, and collection order against the creditor of B.

on September 23, 2016, the creditor's case number (type) No. 1-1, D 2206 (Provisional Attachment of Claims) 6,971,500 (Provisional Attachment of Claims) 222-5, 1-2 on September 18, 2017, the 6,971,50 (Attachment of Claims and Collection Order) 6,971,50 (Provisional Attachment of Provisional Attachment) 223-26, 535, the 205.

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