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(영문) 의정부지방법원 2016.01.22 2015나10098
추심금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On July 26, 2012, Defendant B entered into a contract with the Korea Development Bank of Bonds (hereinafter “the Korea Development Bank of Bonds”) for the construction of D neighborhood shops (hereinafter “instant construction”) during the construction period from July 30, 2012 to February 15, 2013, with the amount of construction KRW 2,057,000,000 (including value-added tax) and the period of construction from July 30, 2012.

B. The Construction of the Right to Purchase of Bonds subcontracted part of the instant construction to E, which operates a steel and concrete company under the trade name of “G,” and the Plaintiff supplied E with relevant construction materials.

C. As the Plaintiff did not pay the construction material price received by E, the Plaintiff filed a lawsuit against E for the claim for the payment of the price of the goods under Article 2013Kadan19369, which was based on the executory exemplification of the judgment in the above case, and subsequently filed a claim attachment and collection order, which is the claim related to the construction work of this case that E, Defendant B, Defendant B, and Defendant B, claim amounting to KRW 23,493,635, and claims to be seized and collected, which were the claim related to the construction work of this case that E received from Defendant B (hereinafter “the claim for the construction work of this case”), and received the attachment and collection order from the above court (hereinafter “the collection order of this case”). The collection order of this case was served on Defendant B on April 14, 2014.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 3, Eul evidence 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the party’s assertion 1 Plaintiff, and Defendant B, according to the instant collection order, are obligated to pay the Plaintiff the amount equivalent to the claim amount among the claim for the construction cost of the instant case. ② as the person ordering the instant construction project, the employer is liable to compensate for the damages under Article 756 of the Civil Act; ③ as the contractor of the instant construction project guaranteed the performance of the contract for the construction of ne bargaining construction, the contractor of the instant construction project, the obligation to pay the construction cost to the subcontractor.

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