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(영문) 창원지방법원마산지원 2016.01.20 2015가단101477
공탁금출급청구확인의 소
Text

1. On December 11, 2014, the development of the so-called so-called “Sejin Industrial Development” between the Plaintiff, Defendant Taesung Construction, and Defendant A.

Reasons

1. Claim against Defendant Taesung Construction Co., Ltd. and A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment made by deeming confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Claim against the Defendant Nam-Nan, B, C, and D

A. Basic facts 1) The development of the Youngjin Industrial Development Co., Ltd. (hereinafter “Yjin Industrial Development”).

around August 2012, Defendant Taesung Construction Co., Ltd. (hereinafter referred to as “ Taesung Construction”)

2) The interior construction work of the apartment building E was awarded a contract by setting the construction cost of KRW 5.9 billion (excluding value-added tax), and accordingly, the obligation to pay the construction cost to the Defendant Taesung Construction (hereinafter “instant obligation for construction cost”) around 2014 or the instant obligation for construction cost.

(2) On August 5, 2013, the Plaintiff entered into an agreement on direct payments for material prices (hereinafter “instant agreement”) with Defendant Taesung Construction and Young-jin Industrial Development, and obtained the fixed date on November 26, 2013 in the direct payments agreement prepared by the Plaintiff and Defendant Taesung Construction and Young-jin Industrial Development together with the said agreement.

After that, from April 30, 2014 to June 23, 2014, the Plaintiff supplied materials equivalent to KRW 203,242,30 in total to Defendant Taesung Construction. Of them, the Plaintiff did not receive KRW 186,336,878.

The name of the Corporation under the direct agreement on material materials: The location of the new E-building construction project: The F ordering company (A): the cooperation company for the development of the so-called Jin Industrial Development (B): The supplier of material and building materials (B): The plaintiff

1.With respect to the cost of construction to be paid by Byung to Eul in relation to the above site, it is confirmed that Byung, Eul, and Byung, under the confirmation of Byung, shall pay it directly to Byung for the material costs supplied by Byung to Eul.

2. Eul agrees in advance that Gap shall pay Gap directly to Byung only the material cost out of the progress payments to be paid to Eul.

3. Provided, That the confirmation under paragraph (1) shall be made if the cause attributable to B has been due to any cause attributable to B;

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