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(영문) 수원지방법원 2021.01.27 2019가합16362
공사대금
Text

The part of the request for confirmation in the application for intervention by an independent party intervenor shall be dismissed.

2. The defendant is against the plaintiff B. 602,770.

Reasons

Lawsuits and independent parties' interventions shall be considered together.

1. Basic facts

A. On November 18, 201, D Co., Ltd. (hereinafter “ Intervenor”) (hereinafter “ Intervenor”) entered into a contract with the Defendant for the construction of a new construction of neighboring living facilities on the ground of the Suwon-gu, Suwon-gu, Suwon-gu, with the construction period from December 1, 201 to June 30, 2012 and the construction cost of KRW 2.2 billion (including value added tax; hereinafter the same shall apply) (hereinafter “instant construction”). The Intervenor was awarded contracts not only for the instant construction but also for the construction of neighboring living facilities (hereinafter “G association construction”).

B. On November 28, 201, the Intervenor Company borrowed KRW 600 million from Plaintiff B with the funds necessary for the instant construction work, and KRW 710 million with the funds necessary for the G Union Corporation.

(c)

From March 2012 to May 2012, the Defendant paid the Intervenor’s total sum of KRW 190 million out of the construction price of the instant case to the Intervenor Company.

(d)

On September 28, 2012, the Intervenor Company transferred to the Defendant the claim amounting to KRW 1.41 billion, out of the claim amounting to KRW 2.1 billion for the remainder of the instant construction project against the Defendant, to the Plaintiff Company A (hereinafter “Plaintiff Company”), and the remainder of KRW 600 million, in installments, to the Plaintiff Company B. The Defendant consented to the transfer of the said claim around that time.

E. On March 13, 2015, the Intervenor Company agreed with the Defendant to suspend the instant construction work on the basis of the amount of KRW 190 million paid as advance payment and KRW 600 million transferred to Plaintiff B as advance payment.

F. After the discontinuance from the Defendant on March 24, 2015, the Plaintiff Company entered into a contract with the Defendant to receive the remainder of the instant construction cost of KRW 1.41 billion, and at the time, the Plaintiff Company entered into a contract with the Defendant to pay the construction cost of KRW 1.76 million on behalf of the Defendant in terms of the registration cost, etc., and the Plaintiff Company entered into a contract with the Defendant to pay

After April 7, 2015.

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