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(영문) 의정부지방법원고양지원 2016.03.11 2015가단73541

공탁금출급청구권확인

Text

1. On February 17, 2015, between the Plaintiff and the Defendants, the District Court of the Republic of Korea (competent I unit) shall be senior to the District Court of the Republic of Korea.

Reasons

1. Basic facts

A. The Republic of Korea (competent units), upon entering into a contract and a subcontract, entered into a contract for the construction of the J Posium (hereinafter “instant construction”) with Defendant Berne General Construction Co., Ltd. (hereinafter “Defendant bes General Construction”).

Defendant Vietnam General Construction re-subcontracted part of the instant construction to companies, such as the Plaintiff, Defendant Myan Co., Ltd. (hereinafter “Defendant Myan”), and Defendant Myan Construction Co., Ltd. (hereinafter “Defendant Myan Construction”), as follows. On June 2014, the Republic of Korea, the ordering person, and the Plaintiff, Defendant Myan Construction, and Defendant Myan Construction agreed to pay the subcontract price directly to sewage suppliers in accordance with the Framework Act on the Construction Industry and the Fair Transactions in Subcontracting Act as follows:

On June 5, 2014, June 5, 2014, the date of direct payment agreement on the contract date for the construction project (including additional taxes) under the direct payment agreement on the contract date for the sewage-oriented company, Plaintiffs 5, 226,820,00 on June 5, 2014 to June 30, 2014, June 30 through June 28, 2014, Defendants Doo-si on October 15, 2013, and 583,000,000,000 for machinery and equipment from January 1 to August 30, 2014 to August 30, 2014. < Amended by Presidential Decree No. 25353, Jun. 25, 2014; Presidential Decree No. 253058, Jun. 25, 2014; Presidential Decree No. 25384, Jun. 16, 2014>

The Republic of Korea deposited the construction price in Korea on February 17, 2015, the balance of the construction price to be paid for Defendant Berne General Construction is KRW 120,135,190, and seizure and provisional seizure are concurrent with respect to the said construction price, and it is difficult to determine the period of payment based on the date of receipt of provisional seizure order with respect to the sewage class creditors who have agreed in direct payment with the multiple persons, and the creditors who have reached a direct payment agreement with the provisional seizure are also not aware of the creditors without fault and deposited the said amount on the grounds of mixed deposit for execution and the deposit for repayment.

(hereinafter “instant deposit”). The said deposit shall be made.