공탁금출급권자확인
1. The plaintiff's appeal is all 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 the court of first instance for the acceptance of the judgment is as follows, except for the addition of the following judgments as to the matters alleged by the plaintiff in the court of first instance.
It shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The Plaintiff’s obligor on the instant contract is not the Defendant’s Republic of Korea (the Government Procurement Service).
In other words, even if Korea entered into the instant contract as the original party, it should be deemed that the parties to the instant contract have changed or at least the obligor paying the construction cost has changed to the time of harmony.
Therefore, the assignment of claims in this case against the time when it is the obligor for the payment of the construction cost is legitimate.
(Other, the Plaintiff’s detailed assertion regarding the legitimacy of the procedure and method of transferring the instant claim is omitted).
Judgment
For the following reasons, it is difficult to accept the Plaintiff’s assertion that the other party to the instant contract has to be deemed a debtor to pay the price, and that the contractual party or the obligor to pay the construction cost has changed to
First, the parties to the instant contract concluded by the Republic of Korea (the Government Procurement Service) as a procuring entity is the Republic of Korea, and only the contractual beneficiary is a contractual beneficiary.
(1) The parties to the facility construction contract that the Republic of Korea entered into for the demanding administrative agency are the Republic of Korea, and the demanding administrative agency is merely the beneficiary under the above contract, and even if the construction was actually conducted by the said demanding administrative agency as the business of the said demanding administrative agency, all of the matters concerning the execution of construction except the execution of the contract or the modification of the contract, etc., with the exception of the contract of the above demanding administrative agency, the said demanding administrative agency is not a party to the basic contract of this case). Second, the execution of construction or joint supply and demand agency following the progress of the construction of this case