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(영문) 수원지방법원 2011.12.15 2011가합17277

공탁금출급권자확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 21, 2006, five companies entered into a joint supply and demand agreement with the employer, the Public Procurement Service, and the Specialized Agency for the Construction of the Specialized Wide-si Urban Railroad Construction Project (hereinafter referred to as the "Specialized Agency Construction Project"), the Defendant Daelim Construction Co., Ltd. (hereinafter referred to as the "Nedae Construction"), Hyundai Construction Co., Ltd. (hereinafter referred to as the "Coul Construction"), and the IM Total Construction Co., Ltd. (hereinafter referred to as the "MM case") with the content that the name was changed to the "Specialized Wide-Area Urban Railroad Construction Project" (hereinafter referred to as the "Specialized Construction Project"), and the name was changed to the "Specialized Wide Urban Center Construction Project"; hereinafter referred to as the "Construction Project of this case").

(2) On April 12, 2007, the above five companies entered into a contract with the Public Procurement Service for the construction project of this case at KRW 107,939,040,000 (hereinafter “instant contract”).

(3) Since then, the construction cost of the instant contract was increased to KRW 128,53,700,000, and the construction work of this case was completed around August 31, 201, which was the deadline for completion.

(1) On March 2008, the above five companies including the Plaintiff entered into a joint supply and demand management agreement regarding the instant construction project. At the time, the Plaintiff entered into a contract with the Defendant Daelim Construction to acquire the claim for the construction cost of Defendant Daelim Construction in accordance with the instant contract (hereinafter “transfer of claim”); from Defendant Daelim Construction, the transfer of claim, notice of assignment of claim, certificate of granting of right to fill blank, and notice of confirmation of the transfer claim, etc. were issued in the form of each official space.

(2) On February 7, 2011, Defendant Daelim Construction was reported to the last vice-do, and the Plaintiff on February 8, 201, on February 201, 201, the following day, and the said assignment contract, the notice of assignment of claims, and the certificate of granting the right to fill the blank.