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(영문) 대법원 2013. 09. 26. 선고 2013다207699 판결
하수급인에게 공사대금을 모두 지급하였으므로 공탁금출급청구권은 원고에게 있음[국패]
Case Number of the immediately preceding lawsuit

Gwangju District Court 2012Na51208 ( October 12, 2013)

Title

Since the subcontractor paid all the construction cost, the right to claim the payment of deposit money is against the Plaintiff.

Summary

The defendant and the subcontractor attached the claim for the construction cost of the subcontractor, and the plaintiff from among the plaintiff who is a contractor who executes the subcontractor, paid the subcontractor the deposit payment for the total construction cost.

Related statutes

Civil Execution Act Article 248 (Deposit of Debt Amount of Third Party Obligor)

Cases

2013Da207699 Confirmation of Claim for Payment of Deposit Money

Plaintiff-Appellee

Limited liability AAA

Defendant-Appellant

Korea

Judgment of the lower court

Gwangju District Court Decision 2012Na51208 Decided June 12, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

All of the grounds of appeal and the grounds of appeal stated in the records of this case and the judgment of the court below and the petition of appeal were examined, but the allegations on the grounds of appeal by appellant are not included in the grounds prescribed in each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure of Appeal or are deemed groundless. Thus, the appeal is dismissed in accordance with Article 5 of the same Act.

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