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(영문) 대구지방법원 서부지원 2017.02.09 2015가단39412
공탁금출급청구권확인 청구의 소
Text

1. The deposit money deposited in accordance with Geumwon District Court No. 2476, Sept. 10, 2015 at KRW 80,311,00,00, which was deposited on September 10, 201.

Reasons

1. Basic facts

A. Defendant Dongyang Construction Co., Ltd. (hereinafter “Defendant Dongyang Construction”), and Defendant A Co., Ltd. (hereinafter “Defendant A”), from Sungnam-si on December 5, 2014, the term “H Construction Co., Ltd. (hereinafter “instant construction”) determined the construction cost as the period until December 4, 2016, by setting the construction cost of KRW 10,62,580,04, and the construction period of KRW 51%, Defendant Dongyang Construction Co., Ltd. (hereinafter “Defendant Dongyang Construction”), as the joint implementation method of shares ratio of KRW A49%.

B. On February 12, 2015, between the Plaintiff and Defendant Dongyang Construction, a subcontract agreement was prepared between the Plaintiff and the said Defendant to the effect that the said Defendant entered into a contract for the civil works among the instant construction works by fixing the construction cost of KRW 1,144,00,000, and by December 3, 2016, and that Defendant A consented to the conclusion of the said subcontract on the same day.

C. After that, on February 12, 2015, the Plaintiff entered into an agreement on the subcontract between the contractor and subcontractor regarding civil engineering works among the instant construction works on the condition that the subcontract price shall be paid directly to the subcontractor (hereinafter “instant direct payment agreement”), and on the same day, Defendant Dongyang General Construction, and the instant claim for the construction cost of the instant construction works that A shall receive from the Sungnam City, among the claim for the construction cost of the instant construction works, the transfer of the claim amount of KRW 1,144,00,000 to the Plaintiff, the subcontractor, who is the subcontractor (hereinafter “instant claim transfer agreement”), and the said assignment notification reached the Sungnam city on February 16, 2015.

After the direct payment agreement of this case, the Plaintiff was directly paid for the construction work of this case from Seongbuk-si to July 9, 2015. On August 26, 2015, the Plaintiff requested payment of KRW 163,90,000 for the construction work of this case. Upon the Plaintiff’s request on August 26, 2015, the Plaintiff paid KRW 83,589,000 equivalent to the share ratio of Defendant Dongyang-si Construction, and paid KRW 80,31,00 equivalent to the share ratio of Defendant A 49%.

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