logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.10.23 2015가단14244
공탁금출급권자확인
Text

1. On October 20, 2014, Nonparty Korea Rural Community Corporation deposited with the Jeonju District Court No. 3489, gold 201,120,937 won.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a standard subcontract for construction works with Defendant Goyang Integrated Construction Co., Ltd. (the original beneficiary of reinforced concrete construction works) on March 14, 2013 (the construction work amount of KRW 244,849,000, which is KRW 244,849,000, among the repair and renovation projects of reinforced concrete construction projects in South-west One District, which was ordered by the Korea Rural Community Corporation (competent branch office), (i) the Plaintiff entered into a subcontract for construction works (the construction work amount of KRW 357,269,000, August 7, 2013), and (ii) entered into an additional subcontract (the subcontract amount of KRW 131,394,000) on March 17, 2014, and (iii) completed the subcontracted construction works.

B. Meanwhile, on April 25, 2013, the Plaintiff acquired the claim for the construction cost to the Korea Rural Community Corporation of Goyang Korea in order to be guaranteed the payment of the subcontract cost, and on April 26, 2013, the following day notified the Korea Rural Community Corporation, which is the debtor, of the assignment of the claim with a certificate with a fixed date, and agreed to directly pay the subcontract price under Article 35(2) of the Framework Act on the Construction Industry.

C. On the other hand, with respect to the claim for the construction cost against the Korea Rural Community Corporation of Yangyang Construction Co., Ltd. on April 1, 2014, Defendant A notified the Korea Rural Community Corporation of provisional seizure of the claim amounting to KRW 43,328,767 against the Defendant Yangyang Construction Co., Ltd. on April 1, 2014. On April 23, 2014, the former Vice Governor of the Korea Rural Community Corporation (the former Vice Governor) notified the Korea Rural Community Corporation of the seizure of the claim amounting to KRW 7,792,170 against the Defendant Yang Yangyang Construction Co., Ltd. on April 23,

Defendant Yangyang Construction Co., Ltd. concluded a subcontract with Defendant Yangyang Construction Co., Ltd. after transferring its claims to the Plaintiff and giving notification of the transfer of claims.

E. On October 20, 2014, the Korea Rural Community Corporation, as a third debtor, is unable to clearly identify the creditors who will receive the construction cost.

arrow