공탁금 출급청구권 확인
1. The Seoul Central District Court deposited No. 19355 on September 11, 2017 by the No. 482,508. < Amended by Presidential Decree No. 20355, Sep. 11, 2017>
1. Facts of recognition;
A. 1) The Nonghyup Economic Branch Co., Ltd. (hereinafter “ Nonghyup Economic Branch Co., Ltd.”)
(3) On March 28, 2016, Defendant Etech Infrastructure Co., Ltd. (hereinafter “Defendant Etech Infrastructure”) is called “Defendant Etech Infrastructure.”
(2) The construction of a new construction of the Agricultural Cooperative Intermodal Distribution Center in the agricultural and industrial complex No. 2 of the Gangwon-do-U.S., Susung-do-U.S., Gangwon-do-do-U.S. (hereinafter referred to as the “instant construction”).
As to the construction period, from April 6, 2016 to June 5, 2017, the construction contract was entered into with the content of construction cost of KRW 8,057,786,00 (including value-added tax) (the representative of the joint supply and demand contractor is the defendant's tec infrastructure).
(2) On September 8, 2016, the Plaintiff: (a) determined the term of construction of machinery and equipment from September 8, 2016 to June 5, 2017 from September 2016, the Plaintiff received the instant subcontract (hereinafter referred to as “instant subcontract”) with the construction cost of KRW 429,00,000 (including value-added tax).
B. The Plaintiff did not receive KRW 285,800,000, out of the construction cost under the instant subcontract from the Defendant Etech Infrastructure after concluding a contract on the assignment of claims and giving notice of the transfer thereof. On June 5, 2017, the said Defendant and the said Defendant agreed to transfer KRW 285,80,000, out of the construction cost claims owned by the said Defendant against Nonghyup Economic Branch in accordance with the instant contract, to the Plaintiff (hereinafter “instant contract on the assignment of claims”).
(3) Defendant Etec Infrastructure entered into the instant transfer notification (hereinafter referred to as “instant transfer notification”) stating that the instant transfer of claims was entered into in the Nonghyup Economic District Co., Ltd. on the same day.
was prepared and delivered to the Plaintiff.
On the other hand, Article 3(2) of the above assignment contract provides that "the defendant Etec infrastructure representing the joint contractors of the construction of this case shall have the authority to notify the transfer."