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(영문) 서울동부지방법원 2017.07.20 2016가합100223
전부금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs are those who worked as employees of Taesung Construction Co., Ltd. (hereinafter referred to as " Taesung Construction"), and the defendant is a cooperative established pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in Seongdong-gu Seoul, Seongdong-gu, Seoul, for a housing redevelopment improvement project to implement a housing redevelopment improvement project, which entered into a service contract deemed to be followed by Taesung Construction and the subsequent construction.

On June 23, 2008, the Defendant entered into a contract for the construction of Taeju and the construction waste disposal services with the payment of KRW 2,850,00,000 as service cost, and the construction of Taeju to the Defendant for the removal of houses, buildings, and obstacles within the rearrangement project zone and the provision of services for the disposal of construction waste therefrom (hereinafter “instant service contract”).

Plaintiff

A, on September 10, 2012, the Suwon District Court 2012TTT19721, issued a bond seizure and assignment order with respect to the amount up to KRW 229,508,197, out of service payment claims against the Defendant by TaeGyeong Construction, and the assignment order was served on the Defendant on October 5, 2012.

Plaintiff

B on April 22, 2013, by Sungwon District Court Branch 2013TTTT 5406, for the amount of KRW 118,325,881 out of the service payment claims against the Defendant, for which TaeGyeong Construction was held against the Defendant, B received the seizure and collection order, and the above collection order was served on the Defendant on the 24th day of the same month.

On July 22, 2013, the Defendant entered into a contract under which the price for the instant service contract is KRW 3,054,429,000 (hereinafter “instant modified contract”) and up to that time, the Defendant paid KRW 1,140,000 in return for the services provided by TaeGyeong Construction as the contract deposit and for the administrative service contract payment (hereinafter “instant modified contract”). From January 14, 2009, the Defendant paid KRW 285,00,000 on April 4, 201, ② KRW 285,000 on September 14, 201, ③ KRW 50,000 on September 142, 201, ④ the sum of KRW 142,50,000 on December 7, 2011, and KRW 1,140,000 on the aggregate of KRW 1,40,000 on the service payment.

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