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(영문) 대구고등법원 2016.01.27 2015나22695
공탁금출급청구권확인
Text

1. Of the judgment of the court of first instance, the part against the defendant is modified as follows.

Between the Plaintiff and the Defendant,

Reasons

1. Basic facts

A. On April 15, 2011, the Plaintiff and the Effective Construction Co., Ltd. (hereinafter referred to as “ enzym construction”) concluded a contract for construction works (hereinafter referred to as the “instant contract”) with the Daegu Metropolitan City under which the said joint contractor entered into a contract for construction works (hereinafter referred to as the “instant contract”) to be performed by being awarded a contract with the said joint contractor under a contract with the Daegu Metropolitan City for construction works, reinforced concrete construction works, and other construction works (hereinafter referred to as “instant construction works”) from the Daegu Metropolitan City.

(A) Evidence No. 1 1.b.

From April 201 to November 2011, the above joint supply and demand company subcontracted the land works 1, 2, and reinforced concrete works and other construction works among the instant construction works to Western Co., Ltd. (hereinafter referred to as “Slow”), and around that time, the said joint supply and demand company subcontracted part of the instant construction works to the Seaball Construction Co., Ltd. (hereinafter referred to as “ Seaball Construction”), but up to December 201, the said joint supply and demand company suspended construction works or cancelled the subcontract, and thereafter, the said joint supply and demand company performed the remainder of the soil works, etc.

(A) No. 2-1, 2, 3). (c)

On July 18, 2012, the Daegu Metropolitan City notified the members of the said joint supply and demand company of the instant construction to temporarily suspend the instant construction project, taking into account the processing period following the termination of the contract with the executory construction. On August 16, 2012, when the executory construction submitted a written waiver of the construction project, the termination of the construction part of the instant contract on August 17, 2012. After the termination of the contract between the Plaintiff and the joint supply and demand company consisting of the subcontractor Construction Co., Ltd. (the 8th revised contract on November 29, 2012, which was the 17,240,96,510 won of the construction cost, and the date of completion of the construction work, was set as November 24, 2012).

(A) No. 10-4, d.

On December 2012, the joint supply and demand organization.

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