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(영문) 수원지방법원안양지원 2014.07.03 2013가합5058
공탁금 출급청구권 확인
Text

1. Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) and the Defendant’s registered comprehensive landscape.

Reasons

The facts are as follows: (a) on June 14, 2012, the Plaintiff (Counterclaim Defendant; (b) and the Defendant’s name comprehensive landscape (hereinafter “the Defendant’s name comprehensive landscape”) entered into a joint contract for the supply and demand of 80% of the construction cost, Defendant’s name comprehensive landscape as the representative, and the total construction amount as KRW 3,016,00,000,000, and the total construction amount as KRW 3,016,00,00,000, and from November 30, 2013, from the Organizing Committee for the 2013 Circuit, the Foundation (hereinafter “Organizing Committee”); (c) on February 14, 2013, the Plaintiff changed the total construction amount to KRW 3,016,00,000,000, and the total construction amount to KRW 20,000,000,000,000 for the joint supply and demand of 20% of the construction cost.

On July 9, 2013, the Defendant’s registered comprehensive landscape entered into a contract on the assignment of claims (hereinafter “instant contract on the assignment of claims”) with the Organizing Committee as indicated in the attached list of KRW 152,096,40 (hereinafter “claim”). On the same day, the Plaintiff entrusted the right to notify the said assignment to the Organizing Committee by means of content-certified mail with the fixed date, and the notification was sent to the Organizing Committee on July 10, 2013.

On the other hand, on August 5, 2013, the Defendant (Counterclaim Plaintiff; hereinafter only the Defendant) attached the amount of money up to the amount in arrears (including increased additional dues and disposition fees for arrears added later) among the construction cost claims that the Defendant’s registered comprehensive landscape had held in the Organizing Committee on the ground that the Defendant’s registered comprehensive landscape did not pay national taxes of KRW 153,351,370, and notified the Organizing Committee thereof.

The Organizing Committee shall be notified of the seizure of claims by the defendant's Republic of Korea due to the delinquency in national tax payment in the name of the defendant, although the comprehensive provision of the name of the defendant was completed and the plaintiff was transferred or taken over.

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