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1. The Korea Water Resources Corporation deposited by Changwon District Court No. 2881, August 13, 2014, KRW 359,776,00, and KRW 359,76,000, which was deposited by Changwon District Court No. 2881, August 28, 2014.
Reasons
1. Facts of recognition;
A. On April 5, 2013, the Plaintiff (the prime contractor) and the Korea Water Resources Corporation (the contractor) concluded a contract for construction works with respect to “Ulsan Industrial Complex Co., Ltd.” (hereinafter “the instant construction works”) on the part of the Plaintiff (the contractor) and the Korea Water Resources Corporation (the contractor).
B. On May 20, 2013, Plaintiff (original contractor) and Defendant Dong Young-young Co., Ltd. concluded a subcontract for the instant construction project.
C. On May 27, 2013, the Plaintiff and Defendant Daedong-young Co., Ltd. and the Korea Water Resources Corporation (hereinafter “Korea Water Resources Corporation”) filed an application by classifying the details of the parts executed by a subcontractor at the time of pre-use inspection and completion inspection and claiming the payment of subcontract consideration separately. In principle, in extenuating circumstances, the contractor may file a lump sum application and claim, but the subcontract consideration is paid directly to the subcontractor.
Defendant B received a seizure and collection order on November 15, 2013 with respect to the claim for construction cost payable to the Korea Water Resources Corporation in relation to the instant construction project, in the Changwon District Court Decision 2013TTTTTT 2013TTT 11484, and the collection order was issued, which was served on November 20, 2013 on the Korea Water Resources Corporation.
E. On August 13, 2014, the Korea Water Resources Corporation deposited KRW 359,776,000 (hereinafter “instant deposit”) with the Changwon District Court No. 2881, No. 2881, No. 3043, Aug. 28, 2014, on the ground that the reason that the construction cost related to the instant construction project could not be known to anyone among the Plaintiff and the Defendant Daedong Construction Co., Ltd., and that Defendant B received a seizure and collection order on the claim for the construction cost owned by the Korea Water Resources Corporation against the Korea Water Resources Corporation (hereinafter “instant deposit”).
【Unsatisfied facts, Gap's evidence 1 through 6 (including branch numbers, if any; hereinafter the same shall apply) respectively.