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(영문) 수원지방법원성남지원 2020.02.14 2019가단208327

공탁금 출급청구권 확인

Text

1. The Defendants, on March 14, 2019, deposited by Cheongju District Court Decision 2019No210, 73.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) concluded a construction contract (including the instant contract amount of KRW 10,837,418,00 [including KRW 2,345,660,00, KRW 3940,600,000, and KRW 4,51,158,000,000, and each value-added tax) for the construction work period from March 20, 2017 to June 15, 2019] with the H Corporation ordered to jointly perform the construction work (hereinafter “instant contract”).

B. On March 2017, the said Defendants entered into a joint supply and demand operation agreement (hereinafter “instant agreement”) that sets forth the share ratio of Defendant B, the representative company, as 51%, and the share ratio of Defendant C, the constituent company, as 49% for the joint implementation of the instant construction project (hereinafter “instant agreement”).

In the instant agreement, the said Defendants issued a tax invoice to each of the Sungnam-si in accordance with their respective shares ratio, and decided to directly receive the construction cost from each of the Sungnam-si.

C. On June 14, 2018, the Plaintiff concluded a subcontract agreement (hereinafter referred to as the “instant subcontract agreement”) with the said Defendants on the same day with Seongbuk-si and the said Defendants to directly pay the Plaintiff for the said subcontract price (hereinafter referred to as “instant direct payment agreement”) with the subcontract price of KRW 629,20,000,00 (hereinafter referred to as the “instant damp-type project”) and with the period of construction from June 14, 2018 to June 15, 2019.

Defendant D, Defendant E, Defendant F, Defendant F, and Company G, the creditors of Defendant C, including Defendant National Health Insurance Corporation (hereinafter referred to as the “Defendant Corporation”), have seized or provisionally seized the claims against Defendant C’s gender South Korea as indicated in the following table:

D E FG C

E. The Plaintiff’s objection around August 2018.