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(영문) 전주지방법원 군산지원 2017.02.14 2015가단5717
공탁금출급청구권확인
Text

1. On September 2, 2014, M Co., Ltd.: 35. Of KRW 72,363,679, deposited with the deposit officer of the Daejeon District Court in gold 4882 in 2014.

Reasons

Defendant B, C, D, E, E, F, G, I, K, and L with the indication of the claim for judgment as to the claim against Defendant B, C, D, E, F, G, K, and L as set forth in the attached Form “the cause of

Defendant B, C, D, E, F, G, I, and K Co., Ltd. of applicable provisions of law: Defendant L Co., Ltd. of Article 208(3)1 of the Civil Procedure Act: The Korea Rail Network Authority, around December 2012, contracted N-built Construction to Defendant H and J (hereinafter “M”) on the basis of the determination of the claim against Defendant H and J under Article 208(3)3 of the Civil Procedure Act (by service by public notice).

M subcontracted the steel frame part of the above construction to Defendant L Co., Ltd. (hereinafter “Defendant L”).

On September 2, 2013, the Plaintiff received a re-subcontract for the construction contract (hereinafter “instant re-subcontract”) with the content that the Plaintiff manufactures and supplies steel necessary for the steel-frame construction from Defendant L, and produced and supplied steel-frame to Defendant L according to the said contract.

At a meeting held on January 9, 2014, M agreed that, from February 15, 2014, M shall pay to the Plaintiff according to the re-subcontract of this case, the Plaintiff’s personnel O, the Plaintiff’s employees P, and the Defendant L’s employees Q shall directly pay to the Plaintiff.

M thereafter, on February 17, 2014, paid 250,000,000 won to the Plaintiff as the price for goods under the instant sub-subcontract, and 220,000,000 won on March 17, 2014, respectively.

On March 25, 2014, Defendant L requested that the Plaintiff pay additional KRW 92,00,000 for the term construction work completed in accordance with the re-subcontract of this case.

M only paid KRW 56,64,321 to the Plaintiff on April 21, 2014, and did not pay the remainder of KRW 35,335,679 to the Plaintiff.

Defendant H Co., Ltd. (hereinafter “Defendant H”) is the Seoul Southern District Court Decision 2014TTTT13903, Jul. 17, 2014 (hereinafter “Defendant H”)’s new construction work against Defendant L.

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