공탁금 출급청구권 확인
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of this court’s judgment citing the judgment of the first instance is as follows: (a) the first instance court’s “as of March 7, 2006,” which reads “as of March 2016,” which reads “as of March 7, 2016,” and (b) the reasoning of the first instance judgment is identical to that of the first instance judgment; and (c) such judgment is cited pursuant to
2. Additional determination
A. On December 11, 2017, which was after September 13, 2016 when Defendant B requested direct payment to H, the Plaintiff asserted that Defendant B’s right to claim for payment of the deposit of the instant secondary deposit accrued after Defendant B’s request for direct payment is not recognized, since the Plaintiff submitted the defect liability bond to H and the Plaintiff deposited KRW 28,224,90 with the instant secondary deposit on February 8, 2018.
B. In full view of the Plaintiff’s financial difficulties and corporate rehabilitation applications, etc., the Plaintiff did not receive part of the construction cost of the instant case, as a whole, due to the Plaintiff’s financial difficulties and corporate rehabilitation applications.
It can be acknowledged that H, by submitting a warranty bond at the latest, deposited the remainder of the construction cost by the second deposit of this case. The evidence submitted by the Plaintiff alone is insufficient to recognize the amount deposited by H as the second deposit of this case or the construction cost incurred after the date of Defendant B’s request for direct payment, and there is no other evidence to acknowledge this otherwise.
Therefore, the plaintiff's above assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.