공탁금 출급청구권 확인 청구의 소
1. The Republic of Korea deposited 599,557,540 won in gold No. 901 in March 19, 2015, among the 599,557,540 won deposited in the Republic of Korea as the Goyang-gu District Court Decision 2015.
1. Facts of recognition;
A. On June 25, 2013, the Plaintiff entered into a contract with the Armed Forces Management Body affiliated with the Republic of Korea under the control of the Republic of Korea to receive construction cost of KRW 2,957,772,00 on the cost of construction.
(The construction cost was changed to KRW 3,335,325,540 on December 15, 2014). (B)
On August 21, 2013, the Plaintiff entered into a contract with the Defendant to subcontract the parts of the instant construction work with the cost of construction KRW 1,683,00,00,000. On January 21, 2015, the Plaintiff entered into a contract with the Defendant to change the construction cost into KRW 1,275,630,00 for the temporary installation and reinforced concrete construction work (excluding the parts of the creative construction) and to change the construction cost into KRW 1,275,630,00.
(hereinafter referred to as “instant subcontract”). (c)
On March 19, 2015, the Republic of Korea (Ministry of National Defense: 59,57,540 won, which is paid to the Plaintiff, shall be deposited as the U.S. High Court for the Government District Court for the 2015, with C’s deposit provisional attachment (the claimed amount of KRW 18,717,600) and D’s claim provisional attachment (the claimed amount of KRW 61,890,837) and D’s claim provisional attachment (the claimed amount of KRW 61,890,837).
(hereinafter “instant deposit”) D.
From September 2013 to May 2014, the Plaintiff paid the construction cost of KRW 1,048,344,523 to the Defendant, and paid KRW 586,794,885 to Hanx Co., Ltd. (the company that supplied materials to the Defendant) instead of the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-5, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the construction cost under the instant subcontract is KRW 1,275,630,00, and the Plaintiff paid the Defendant the construction cost of KRW 1,635,139,408 (i.e., KRW 1,048, 344,523, KRW 586,794,885). As such, the construction cost that the Defendant has to receive pursuant to the instant subcontract is paid.