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(영문) 수원지방법원안양지원 2016.01.14 2013가합3557
공탁금출급청구권확인
Text

1. Giz industry, March 20, 2013, deposited by Suwon District Court No. 517, Jun. 20, 2013, as Suwon District Court Decision No. 339,320

Reasons

In fact, on July 16, 2012, the Defendant Dae-gu Construction Co., Ltd. (hereinafter “Defendant Dae-gu Construction”) entered into a contract for construction works, the construction work for the construction of the commercial building on the land (hereinafter “instant commercial building construction”) on the land (including value-added tax; hereinafter the same shall apply) 1,650,000 won for the construction cost, and the construction cost for the new construction of the same ground oil station (hereinafter the “instant construction work”) was contracted for KRW 832,480,000 for the construction cost, and on August 20, 2012, the construction cost for the new construction of the gas station was changed to KRW 458,700,000 for the construction cost.

During the period from April 30, 2012 to December 15, 2012, Defendant Dae Construction: (a) subcontracted part of the instant construction to the Plaintiff, the Defendant (Appointed Party Co., Ltd.), the Hanyang Co., Ltd. (hereinafter “Defendant Hanyang”) and the remaining designated parties; (b) supplied each of the instant construction works, or the services or goods from them.

On December 1, 2012, Defendant 1 transferred KRW 170,500,000 out of the instant commercial building cost claim to the Plaintiff, and on December 18, 2012, Defendant 1 notified the said transfer by content-certified mail to the non-party company. The content-certified mail reached the non-party company on December 20, 2012.

(hereinafter “The First Assignment of Claim”). After the settlement of the construction cost of this case by the Non-Party Company and the Non-Party Company, the Defendant Party agreed to settle the instant construction cost of KRW 1,625,720,000, including KRW 1,286,40,000, the construction cost of this case was already paid between the Non-Party Company and the Non-Party Company on December 27, 2012.

Defendant Dae-dae Construction Co., Ltd.’s second assignment of the obligation of comprehensive construction was selected on December 28, 2012 as KRW 59,000,000 among the instant construction payment claim, and KRW 52,80,000.

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