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(영문) 대구지방법원 2015.06.26 2014가합2246
공탁금출급청구권확인
Text

1. Between the Plaintiff and the Defendants, Daegu District Court No. 9482, Nov. 28, 2012, Daegu District Court No. 2012.

Reasons

1. Basic facts

A. On April 15, 201, the Plaintiff, the Defendant Incorporated Filialty Construction Co., Ltd. (hereinafter “Defendant Filialty Construction”), and the Gong Jon Construction Co., Ltd. (hereinafter “Fuyang Construction Co., Ltd.”) agreed that the Plaintiff and the Defendant Filialty Construction Co., Ltd., among the instant construction works, jointly supply and demand “the secondary construction works of the 45-2 sections project sections project for the Nakdongdong-gu Seoul Metropolitan City (hereinafter “instant construction”)” from Daegu Metropolitan City on April 15, 201, to jointly perform the instant construction works, and that the Plaintiff and the Defendant Fility Construction Co., Ltd., among the instant construction works, will jointly perform the said construction works (share ratio 50:50).

(hereinafter “instant contract”). (b)

Around December 2011, the Plaintiff and Defendant Nymar Construction subcontracted the instant construction work to Seoin Co., Ltd. (hereinafter “Defendant Nymin”) with the terms of KRW 6,607,00,000 for the total construction cost of the instant construction work.

With respect to the above contract, the Daegu Metropolitan City Construction Management Headquarters, the Plaintiff, the principal contractor, and the Defendant Seo-gu, who is the sewage supplier, agreed that the ordering person shall pay the subcontract price directly to the sewage supplier(s).

C. The Plaintiff and the Defendant Loym Construction entered into a subcontract with Defendant Seaba Co., Ltd. (hereinafter “Defendant Seaba”), under which the contract amount is KRW 2,413,300,000 with respect to earth works during the instant construction, and made direct payment agreements with the ordering person and Defendant Seaba.

Around August 16, 2012, Defendant Enzym Construction waived the instant construction project, and the Daegu Metropolitan City terminated the construction contract with Defendant Enzym Construction on the 17th of the same month.

After that, on November 29, 2012, the content of the instant contract was changed several times, and the eight-time amendment contract was finally concluded on November 29, 2012, which was concluded on November 24, 2012, with the contractor, the Plaintiff, and Shinpo Construction.

E. The Daegu Metropolitan City Construction and Management Headquarters shall be on December 2012.

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