2014Na2010104 Confirmation of Non-existence of Obligation

Construction of Forest Integrated Corporation

1. B

2. Grand River Business Co., Ltd.

3. A ground construction company.

Advanced Engineering Professional Co., Ltd.

Korea

Seoul Central District Court Decision 2012Gahap543300 Decided February 7, 2014

April 30, 2015

June 4, 2015

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's title corresponding to the revoked part is dismissed.

2. The Defendant shall pay to the Intervenor succeeding to the Plaintiff 129,564,427 won and the interest rate of 20% per annum from November 20, 2014 to the date of full payment.

3. All of the Plaintiff’s appeal and the Plaintiff’s Intervenor’s claim for the Round and ground construction company are dismissed.

4. The costs of appeal are borne by each party. The costs of the lawsuit incurred between the plaintiff succeeding intervenor B and the defendant are borne by the intervenor joining the defendant; the remaining costs of the lawsuit incurred between the plaintiff succeeding intervenor B and the defendant are borne by the defendant; and the costs of the lawsuit incurred between the plaintiff succeeding intervenor and the defendant are borne by the plaintiff succeeding intervenor joining the lawsuit including the costs of the participation.

5. Paragraph 2 can be provisionally executed.

1. Purport of claim

Plaintiff: The Defendant shall pay KRW 761,77,491 to the Plaintiff.

The plaintiff succeeding intervenor B: the defendant shall pay to the plaintiff succeeding intervenor B 129,564,427 won and 20% interest per annum from the next day of service of a copy of the application for participation in the succession of this case to the day of complete payment.

The Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Round Co., Ltd. (hereinafter referred to as the “Round”): the Defendant pays KRW 38,248,05 to the Intervenor’s Intervenor’s Intervenor’s Pound.

The Intervenor’s Intervenor’s Intervenor’s Land Construction Co., Ltd. (hereinafter “Land Construction”): the Defendant pays KRW 62,021,918 to the Intervenor’s Land Construction Co., Ltd.

2. Purport of appeal

Of the judgment of the court of first instance, the part against the plaintiff falling under the following order shall be revoked. The defendant shall pay to the plaintiff 270,435,573 won with 20% interest per annum from the day following the delivery of a copy of the purport of appeal of this case and the application for change of the cause of appeal to the day of complete payment.

The Intervenor joining the Defendant: The part against the Defendant in the first instance judgment is revoked, and the Plaintiff’s claim corresponding to the revoked part is dismissed.

1. Basic facts

The court's reasoning concerning this part is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, with the exception of adding "Evidence No. 16, No. 1, No. 2, and No. 4 or No. 10" to five pages [based on recognition] as follows, and adding "Evidence No. 16, No. 1, No. 2, and No. 4 or No. 10" to this part of the reasoning of the judgment of the court of first instance.

【E. E. The Defendant’s advanced engineering notified the Plaintiff on September 25, 2012 that the damages for delay in the construction site of the instant project occurred in the case of Chuncheon Campus construction (i.e., 4,852,60,600,245 won x 1/1,000 x 178 days x 178 days x 178 days, and 121,234,258 won (i.e., total private project cost 3,910,782,50 x 1/1,000 X 31 days).

F. Meanwhile, the Defendant’s advanced engineering has the obligation to pay the construction cost for the completion construction, and the completion construction has the obligation to the Plaintiff for construction cost subsidies (750,000,000). On November 6, 2012, the Plaintiff, Defendant’s advanced engineering, and construction works agreed that the aforementioned obligation for construction cost subsidies for the Plaintiff’s completion construction should be applied to liquidated damages by offsetting the Plaintiff’s obligation to pay the construction cost for the completion construction upon transfer by the Defendant’s advanced engineering, and that the Defendant’s advanced engineering should pay to the Plaintiff if any balance remains after settlement.

G. Accordingly, Defendant advanced engineering paid the Plaintiff construction price by deducting part of the above liquidated damages from the construction cost aid claim for completion construction, and the remainder from the Plaintiff’s obligation to pay the construction price, and the Plaintiff did not receive the amount equivalent to the liquidated damages notified as above.

H. On May 9, 2014, after the judgment of the court of first instance was rendered, the Plaintiff transferred the claim of KRW 129,564,427, which is the winning amount in the first instance judgment, to the Plaintiff’s succeeding intervenor B, and notified the Defendant’s advanced engineering of the fixed date regarding the assignment of the above claim.

I. Thereafter, the Intervenor succeeding to the Plaintiff was issued a seizure and collection order regarding the claim against each Plaintiff’s advanced engineering based on the claim amount as KRW 38,248,05, Jun. 27, 2014 and the claim amount as KRW 38,248,05, while the construction on the ground by the Intervenor succeeding to the Plaintiff was KRW 62,021,918, as to each Plaintiff’s claim against each Plaintiff’s advanced engineering.

2. Determination as to the cause of action

The court's reasoning for this part is that "212,234,258 won" is used as "121,234,258 won" in the judgment of the court of first instance, and the second part is the same as the second part of the judgment of the court of first instance, except for the case where the second part is used as "the second part" as "the second part is the same as the second part of the judgment of the court of first instance". Thus, this part is cited as it is in accordance with the main sentence of

【Supplementary Use】

E. Sub-committee

The Defendant’s advanced engineering has to pay the remainder of KRW 129,564.427, excluding the delayed damages of KRW 734,198.417, which were recognized as being derived from the liquidated damages for delay in Chuncheon campus construction, as unpaid construction costs. As seen earlier, Defendant’s advanced engineering agreed to pay to the Plaintiff if there is a balance after the settlement of liquidated damages for delay. Since the Plaintiff’s succeeding intervenor B received the above claim from the Plaintiff after the first instance judgment was sentenced, Defendant’s advanced engineering is liable to pay the Intervenor KRW 129,564,427 as well as damages for delay calculated at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from November 20, 2014 to the date following the delivery of a copy of the application for intervention in the instant case by the Plaintiff’s succeeding Intervenor.

The Plaintiff’s Intervenor’s Intervenor sought payment of KRW 38,248,05 won for the Han River and KRW 62,021,918 for the ground construction, which is equivalent to the amount claimed, among the above KRW 129,564,427, on the ground that it received a collection order for each of the above KRW 129,564,427. As seen earlier, the Plaintiff already transferred the claim to the Plaintiff’s Intervenor B prior to the above seizure and collection order, and completed the notification with the fixed date set forth in the Defendant’s advanced engineering. As such, each of the above seizure is not effective. The Plaintiff’s Intervenor’s assertion of the Plaintiff’s Intervenor’s Intervenor’s Ro

3. Conclusion

The claim made by the intervenor succeeding to the plaintiff shall be accepted on the ground of the reasons, and all claims made by the plaintiff and the intervenor succeeding to the plaintiff shall be dismissed for the reason that they are reasonable.

Of the judgment of the court of first instance, the part against the defendant in its conclusion is unfair, and thus, it is so revoked, and the plaintiff's claim corresponding to the above revoked part is dismissed. The defendant ordered to pay the above money to the plaintiff succeeding intervenor B, and all of the plaintiff's appeal and the plaintiff succeeding intervenor's claim for lecture and ground construction are dismissed. It is so decided as per

For the presiding judge and judge;

Judges Notarial Day

Judges Park Young-young