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(영문) 부산지방법원 2014.12.03 2012가합19683
공탁금출급권자확인
Text

1. The Busan Metropolitan City’s money deposited by the Busan District Court No. 9740 on November 29, 2013 in KRW 276,33,698 among the money deposited by the Busan District Court in 2013.

Reasons

1. Basic facts

A. (1) The plaintiff entered into a contract for construction work between the plaintiff and Busan Metropolitan City (1) on February 16, 2009, "C Corporation 1 Section," and "the instant construction work" from Busan Metropolitan City on February 16, 2009

(2) On May 16, 2012, the Plaintiff was awarded a contract for the second phase of the instant construction works on February 2, 2010, and for the third phase of the instant construction works on March 4, 201, respectively. (2) On May 16, 2012, the Plaintiff concluded a subcontract between the Plaintiff and the Defendant for the instant construction works with Busan Metropolitan City, with the total construction amount of KRW 6,050,960,00 (the total construction amount of the instant construction works is KRW 1,250,000,000, KRW 2,794,740,000,000 for the second phase of the construction works, and the construction period is determined to be until May 20, 2012 (the value-added tax on the instant construction works between the Plaintiff and the Defendant).

(2) On November 29, 2010, the Plaintiff agreed with the Defendant to increase the above construction amount to KRW 651,200,000. (2) On January 11, 2011, the Plaintiff subcontracted the instant construction work to the Defendant in KRW 1,078,00,000 of the construction amount.

Each of the above subcontracts is referred to as "the subcontract of this case"

(3) (3) Upon entering into the instant subcontract, the Plaintiff paid an advance payment of KRW 614,90,000 in total to the Defendant. (1) Upon entering into the instant subcontract, the Plaintiff agreed to pay the subcontract price directly to the Busan Metropolitan City and the Defendant. (2) According to the above direct payment agreement, the Defendant submitted a written request for the payment for the subcontract price to the Plaintiff upon confirmation by the supervisor responsible for the instant construction project, and the Plaintiff submitted to the Busan Metropolitan City a written request for the payment for the completed portion along with the Defendant’s written request for the payment for completed portion and the Defendant’s payment for completed portion separately. (3)

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