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(영문) 대전고등법원 2015.12.23 2014나12858
공탁금출급권자확인
Text

1. Of the judgment of the court of first instance, Defendant Eastern Co., Ltd., Samsung Special, D, S&W.

Reasons

1. Facts of recognition;

A. 1) Conclusion of a subcontract between Samsung Engineering Co., Ltd. and Jinjin Industries Co., Ltd., Ltd., Ltd., the part of the temporary margu Industries Co., Ltd. (hereinafter “Yingu Industries”), and the part of the temporary margu Industries Co., Ltd. or “limited company” are omitted.

(2) On September 8, 2011, Samsung F&M, which was ordered by Samsung F&M panel from Samsung Engineering, was ordered by Samsung F&M panel (N), for temporary lamps construction (hereinafter “instant temporary lamps construction”).

(1) From September 8, 201 to October 31, 201, the construction period was set at KRW 441,100,00 (i.e., value-added tax of KRW 401,00,000, labor cost of KRW 98,40,000, and labor cost of KRW 98,40). After that, Jindong Industries and Samsung Engineering entered into a contract for each of the instant construction works with the construction period of KRW 30,00,00, KRW 30,00, KRW 50 (i.e., “the construction period of KRW 10,403,850) on the ground of the extension of the construction period due to the relocation plan for temporary lamps, extension of the time limit for use, and additional construction, KRW 30,50,00, KRW 10,000, KRW 30,000, KRW 105,000, KRW 205,000, KRW 305,000.

B. On October 5, 2011, Jindong Industries transferred to the Plaintiff the claim amounting to KRW 5.5 billion (i.e., KRW 5 billion (= KRW 5 billion value added tax) and KRW 441,100,000 (= value added tax KRW 401,00,000, value added tax KRW 40,100,000), out of the instant steel frame construction cost, which was owned by Jindong Industries against Samsung Engineering (hereinafter “transfer of each of the instant claims”).

The time of notification of the transfer to the Plaintiff at the time of the assignment of the above obligation.

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