공탁금 출급청구권 확인
1. The plaintiff's lawsuit against the defendant C is dismissed.
2. B between the Plaintiff and the Defendant Co., Ltd., and Nonparty D.
1. Facts of recognition;
A. On July 7, 2015, between the Plaintiff and the Plaintiff, the period of the contract is from July 7, 2015 to July 6, 2016; the unit price is KRW 1,620 per 1 cubic meter ( separate value-added tax) and the supply volume is 280,000 cubic meters of blasting rock 280,000 cubic meters (i.e., settlement at the time of the completion of transportation) and the “the first sales contract for the construction work for the increase of E water control capacity” (hereinafter “instant first sales contract”); and until April 2016, the Plaintiff sold the blasting rock 32,580 cubic meters (hereinafter “instant blasting cancer”) generated at the construction site (hereinafter “instant blasting cancer”) to the Plaintiff (=32,580 cubic meters x 1,620 x 1.1).
On June 17, 2016, Nonparty Company and the Plaintiff changed the term of the instant sales contract to July 6, 2017.
B. On June 20, 2016, the Plaintiff entered into a transfer contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) with the effect that the Plaintiff will transfer the aggregate extraction business, etc. registered in the name of the Plaintiff to Defendant B (hereinafter “instant transfer contract”), and transferred the contractual status under the first sale contract of this case.
In addition, with respect to the conclusion of the transfer contract of this case, the Plaintiff and Defendant B prepared and ordered the non-party company a certificate of undertaking the following contents (hereinafter “instant letter of undertaking”).
Contents of the Declaration
1. The Plaintiff promises to settle the contract with the non-party company by June 24, 2016.
(Until April 6, 2016), at the time of the settlement of the contract, agree to offset against the contract bond and the proceeds from the sale of blasting cancer taken out (not later than April 6, 2016). The amount set off at KRW 50,00,000 for the amount set off at the time of the settlement of the late payment of contract deposit and the proceeds from the sale of blasting cancer taken out (not later than April 6, 2016
2. Defendant B promised to pay the proceeds of the blasting cancer taken out from June 16, 2016 to the Nonparty Company, and the proceeds of the blasting cancer shall be deposited into the last day of June.
3. Defendant B succeeds to all the initial terms and conditions of the contract for the sale of blasting cancer with the non-party company that was acquired from the Plaintiff.