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(영문) 부산지방법원서부지원 2019.06.13 2018가합101432
공탁금 출급청구권 확인
Text

1. The plaintiff's lawsuit against the defendant I is dismissed.

2. Plaintiff (Counterclaim Defendant) and Defendant B, Inc.

Reasons

1. Basic facts

A. Defendant B awarded a contract for the manufacture of multiple machinery and parts from P around 2017, and subcontracted part of them to Defendant C, E, F, G, etc.

Defendant B did not have any pressure on the capital around November 2017 and did not go bankrupt.

B. On November 27, 2017, Defendant B appears to refer to the Plaintiff on November 27, 2017 to the same claim despite the difference in the expression in light of the following: (a) “The claim transfer and takeover contract made between Defendant B and the Plaintiff on P with respect to the above claim; (b) the instant monetary deposit notice (Evidence A) expressed “construction price claim” as “construction price claim”; (c) although there is a somewhat different difference in terms of the description in subparagraph 1 and subparagraph 1 and the purport of the entire pleadings, it appears that the same claim is referred to as “construction price claim.” This appears to be due to the fact that the transfer of “128,363,400 won” among the contracts between P and Defendant B includes various contents, such as the contract for the manufacture of machinery, the contract for the supply of machinery parts, etc., and the transfer by mail with a fixed-date date-certified content certification on the same day; and (d) the notice reached P on November 28, 2017.

C. (1) On November 22, 2017, Defendant C sent a content-certified mail to P, “The Defendant B, the principal contractor of which was not paid KRW 208,55,410, even though Defendant C was awarded a subcontract for the parts concerning equipment processing and equipment assembly during the manufacture of machinery that Defendant C received from P and was supplied all of them, and the Defendant B, the principal contractor, was in default, and thus requested a direct payment pursuant to Article 14(1) of the Fair Transactions in Subcontracting Act.” On November 23, 2017, the notice reached P.

(2) In addition, with respect to Defendant B’s claim against P in relation to the contract under the above paragraph (a), three subcontracting direct claims and nine provisional attachment orders are as listed below.

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