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(영문) 수원지방법원 2016.05.12 2012가합16509
공탁금출급청구권확인
Text

1. On March 16, 2012, the Suwon District Court deposited 823,989,390 won with gold No. 1891 to the deposit officer of the Suwon District Court on March 16, 2012.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff, Defendant A (hereinafter “Defendant A”), and Tae Young Construction Co., Ltd. (hereinafter “ Tae Young Construction”) agreed to the joint supply and demand agreement of KRW 85.95 billion in total for the construction cost of the instant construction project (hereinafter “instant construction project”) ordered on August 22, 2008 by constituting a joint supply and demand agreement and jointly performing the joint supply and demand agreement. As such, the Plaintiff, Defendant A, and Tae Tae Young Construction concluded a contract on the instant construction project with several members and the joint supply and demand agreement in lieu of the following contents, and agreed that “The joint supply and demand agreement shall be deemed to apply as it is to the terms of the joint supply and demand agreement in force as of the date of the conclusion of the contract.” In addition, the joint supply and demand agreement of the Plaintiff, the joint supply and demand agreement of KRW 4,00,04-136-15, October 12, 2007, the joint supply and demand agreement shall be concluded by the representative of the joint supply and demand agreement of the Plaintiff (hereinafter “the joint supply and demand agreement”).

3) The contents of the instant agreement regarding the instant joint supply and demand agreement (hereinafter referred to as the “instant agreement”) and the regulations on site management are as follows. Article 6 (Liability) (1) of the instant agreement is jointly and severally liable to the ordering person for the performance of the obligations under the joint supply and demand agreement relating to the instant construction project (hereinafter referred to as the “instant agreement”).

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