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(영문) 광주지방법원 2017.10.13 2015가단27380
공탁금출급청구권확인
Text

1. Between the Plaintiff and Defendant Hongsung Construction, Han-ro Industry, Inc., and Man-Tech Co., Ltd., Nonparty.

Reasons

1. Basic facts

A. On December 15, 2010, Defendant Pungsan Construction Co., Ltd. (hereinafter “Defendant Pungsan Construction Co., Ltd.”) entered into a contract for construction works between Defendant Pungsan Construction Co., Ltd and Nonparty Nungnam-do for the structural improvement project (hereinafter “instant construction project”) with the former Nungnam-do (Road Safety Management Office”).

(2) As to the construction work of this case, the construction contract was concluded by setting the total construction cost of KRW 1,765,869,00 (including value-added tax) and the total construction period from December 21, 2010 to December 19, 2013. However, the contract was concluded by dividing it into 123 parts within the budget limit of Nonparty Jeonnam-do, and the contract was concluded again by dividing it into 123 parts. Accordingly, Defendant Pungsan Construction Co., Ltd entered into a separate contract between the 123 parts of the instant construction project between the Daranam-do and the Do. The construction cost, the final settlement of which was completed after the completion of the instant construction work, was the total amount of KRW 2,413,836,00 (including value-added tax).

On December 15, 2010 through December 19, 2010, the first 3rd 203rd 20.3rd 20, 203rd 3rd 20, 203rd 20, 204, 63rd 20, 203rd 3rd 20, 204, 766, 869, 000 first contract, or December 15, 201, 203rd 3rd 20, 203rd 20, 201.3rd 20, 203rd 20, 204, 206th 71, 60th 20, 206 to 36, 204, 201.

B. A subcontract between Defendant Pungsan Construction Co., Ltd and the Plaintiff) Defendant Pungsan Construction Co., Ltd., on January 201, Defendant Pungsan Construction Co., Ltd. (hereinafter “Defendant Pungsan Construction Co., Ltd.”) en bloc subcontracts the instant construction work amounting to KRW 1,214,97,50 (including value-added tax, and the total construction period from December 21, 2010 to December 19, 2013.

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