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(영문) 대구지방법원 2014.05.23 2012가합13266
공탁금출급청구권확인등
Text

1. Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff):

(a) Daegu District Court on November 22, 2012.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendants jointly concluded a contract on the “D Business” with the Daegu Metropolitan City, and agreed that the shares of the Defendants would be 50% of Defendant Southern Construction, 30% of Defendant Western Construction, and 20% of the comprehensive construction of Defendant Bohman Construction.

B. On December 20, 2010, the Plaintiff and the Defendants concluded a contract for construction work with respect to “Etop and reinforced concrete construction (the first minute)” (hereinafter “the instant first minute construction work”) until March 31, 201 with respect to the construction work period of 2,752,20,000, and construction period of 2,742,080,000, respectively, and the construction period of 2,742,080,000 as of March 31, 201 was changed to 20.3. The Plaintiff completed the construction work normally in accordance with the said modified contract. The Defendants concluded the contract for construction work with the Gwangju District Court 201, 201, 300, 2010, 2010, 310, 2010, 2010, 30, 2010, 203, 2010, 2010, 2010.

E. The Plaintiff and the Defendants’ major contents of the “construction subcontract agreement (general terms)” (hereinafter “the instant general terms”) and the special terms and conditions for construction management (hereinafter “the instant special terms and conditions”) formulated at the time of the instant subcontract of the instant construction project are as follows.

(A) “A” means the Defendants, and “B” means the Plaintiff). Article 12 (Payment Materials and Loans) of the General Conditions of this case (7) If the Corporation is likely to delay the payment of materials, the written consent of “A” shall be obtained.

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