공탁금출급청구권확인의 소
1. The Defendants are 54,676,00 won deposited by Suwon District Court No. 7268 of 2015, Jul. 27, 2015.
1. Facts of recognition;
A. On March 16, 2015, the Seosung-si concluded a contract with the Defendant Mung Industrial Construction Co., Ltd. (hereinafter “Defendant Mung Industrial Construction”) for construction costs of KRW 71,744,020 (including the settlement of accounts: KRW 69,836,00) with respect to the “B nearby ditch Maintenance Works” (hereinafter “instant construction”).
B. Defendant Hochi Industries Construction awarded a subcontract to the Plaintiff for the entire instant construction project, immediately after entering into the contract for the instant construction project with Sungsung and the Plaintiff. At the time, the construction cost was set at KRW 57,395,216, which is KRW 80 per cent of the construction cost ( KRW 71,744,020).
The Plaintiff completed the instant construction work on April 20, 2015.
C. However, due to the lack of ground at the time of the instant construction work, the construction site collapses, and the construction work should resume, construction cost was more than KRW 15 million than the initial expected amount.
Accordingly, the Defendant Mung Industrial Construction decided to transfer to the Plaintiff the claim of KRW 71,574,00 among the construction cost to be paid from the time of industrialization. Accordingly, on April 20, 2015, the Plaintiff entered into a contract with the Defendant Mung Industrial Construction on the assignment of claims for the said construction cost, and the notification of the transfer reached the time of industrialization on April 21, 2015.
Defendant Cheongdo Construction Co., Ltd. (hereinafter “Defendant Cheongdo Construction”), the creditor of Defendant Cheongdo Construction Co., Ltd. (hereinafter “Defendant Cheongdo Construction”), filed an application for provisional attachment (U.S. District Court 2015Kadan200909) with respect to the construction cost claim of the instant construction, other wastewater intake dredging, and CCTV photographing construction claim, the construction of the instant construction, which is against the time of harmony, and the written decision of provisional attachment reached the time of harmony on April 22, 2015.
E. Defendant U.S. Korea Co., Ltd. (hereinafter “Defendant S. Korea”) also filed an application for provisional attachment against the instant claim for the construction cost of the instant construction project (U.S. District Court 2015Kadan1053).