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(영문) 대구지방법원경주지원 2016.12.20 2016가단10615
공탁금출급청구권 확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant Hyundai Port Co., Ltd (hereinafter “Defendant Hyundai Port”) has been awarded a contract for the manufacture of steel structure from NAT and Maco Construction Co., Ltd.

The Plaintiff, Defendant A and B (hereinafter “Plaintiff, etc.”) were awarded a contract for the manufacture of steel structure, supply of related materials, or transportation from Defendant Hyundai Port, for the manufacture of steel structure, or the supply of related materials. The Plaintiff, Defendant A and B (hereinafter “Plaintiff, etc.”) was awarded a contract for the manufacture of steel structure, supply of related materials, or transportation.

B. When Defendant Hyundai Port delayed the payment of the goods or the transportation cost to the Plaintiff, the Plaintiff et al. inducedd steel structure to be supplied by Defendant Hyundai Port.

Then, ZET Co., Ltd. suspended the sales of steel structure production contract with the Defendant Hyundai Port, and entered into a contract for manufacturing new steel structure with C (representative D).

C. C) On August 27, 2015, upon receipt of the steel structure kept by the Plaintiff, etc., and around August 27, 2015, around KRW 10,340,00, out of total debts owed to the said Defendants by Defendant ASP (Defendant ASSs: Total debts of KRW 41,063,828; KRW 10,340,000, out of total debts of KRW 72,520,020; KRW 18,130,000 among total debts of KRW 33,148,00,000; Defendant A: Total debts of KRW 16,214,00,00, KRW 4,000, and KRW 4,000 among the total debts of KRW 16,214,00,00, KRW 408,00,00, the Defendant’s 33,000, 14,000.

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