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(영문) 서울중앙지방법원 2017.08.17 2015가단5389826
공탁금출급청구권확인 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be found in Gap evidence Nos. 1 to 4 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 3, and Eul evidence Nos. 1 to 3 under the whole purport of the pleadings.

The Plaintiff has a claim for interest in the amount of KRW 614,935,303 of the indemnity amount and KRW 608,207,033 of the amount of KRW 608,207,03, pursuant to the Seoul Central District Court 2012 Gohap51798 with respect to the non-party Liber Development Co., Ltd. (hereinafter referred to as “ELT Development”).

B. On October 25, 2010, Defendant Lart Co., Ltd entered into a contract for construction with Defendant Lart Co., Ltd for the extension of the meal room and the student restaurant (hereinafter “instant construction”).

C. Since then, Defendant Liber Public subcontracted to each of the instant construction works to subcontractors (hereinafter “contractors, such as ELT development, etc.”) such as the Defendant Clim, Sung L&C Co., Ltd., Sungsung F&C, M&C Co., Ltd., Switzerlandex Co., Ltd., Switzerland elevator Co., Ltd., Large-scale Elevator Co., Ltd., M&P Co., Ltd., M&P Co., Ltd., New UPM Co., Ltd., Ltd., DajinD Co., Ltd., Ltd. and ELT development, etc.

Pursuant to Article 35(2) of the Framework Act on the Construction Industry on June 15, 2011, the Mental Research Institutes and the Defendant LIE public officials agreed to pay the subcontract price for the instant construction project to the subcontractors, such as Non-Party LIE development, among the subcontractors, on June 15, 2011, with the subcontractor on June 10, 201, in accordance with the provision of Article 35(2) of the Framework Act on the Construction Industry, the subcontractor’s direct payment agreement that the Mental Research Institute shall pay directly the subcontract price for the instant project to the subcontractors, such as Non-Party LIE development.

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