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(영문) 대전지방법원 2016.11.10 2015가단212494

공탁금출급청구확인

Text

1. On June 10, 2014, Daejeon District Court No. 3239 decided Jun. 10, 2014 between the Plaintiff and the Defendants.

Reasons

I. As to the claim against Defendant Oral Escke (hereinafter “Defendant Company”)

1. Facts of recognition;

(a) Claims 1 against the Korea Railroad Corporation of Dowon C&T Co., Ltd. (hereinafter “Dowon C&T”) on December 18, 2012: G service contracts jointly with the Korea Railroad Corporation (hereinafter “instant service contracts”) consisting of KRW 2,027,000,000 between Dowon C&T and the Korea Railroad Corporation (hereinafter “instant service contracts”).

2) The remaining service payment claims against the Korea Railroad Corporation under the instant service contract are KRW 358,881,384.

(hereinafter “instant claim”). (b)

On December 20, 2012, the Plaintiff acquired KRW 112,750,00 from the Dokinex to pay the subcontract consideration for part of the services under the instant service contract. On January 3, 2014, the Plaintiff notified the Korea Railroad Corporation of the fact that “The Plaintiff directly claims the said money pursuant to Article 14(1) of the Fair Transactions in Subcontracting Act since it was delegated with the authority to notify the assignment of claims from the Dokinex.” The notification reached the Korea Railroad Corporation on February 20, 2014.

C. On August 12, 2013, Defendant Company entered into a subcontract of KRW 260,00,000 with respect to “H”, which is a part of the instant service agreement, with the Dominationex on August 12, 2013. (2) The said subcontract was terminated at the time when the Defendant Company provided services equivalent to 42% (109,200,000,000,000,000) of the total services under the said subcontract. The service payment that the Defendant Company received from the Domination was limited to KRW 78,00,000,000,000 against the Dominationex, and the Defendant Company entered into a subcontract with the Seoul Southern District Court 2014Ga101218 against the Dominationex.