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(영문) 서울동부지방법원 2014.02.11 2013가단14676
공탁금출급청구권확인
Text

1. It is confirmed that Defendant Il-il, B, and C has the right to deposit money stated in the attached list to the Plaintiff.

Reasons

1. The plaintiff's assertion

A. Although the Plaintiff and Defendant 1, Inc. (hereinafter “Defendant 1”) jointly ordered D Construction ordered by Nonparty Hyundai Construction Co., Ltd. (hereinafter “Nan Construction”), the Plaintiff independently performed construction with the approval of modern construction and completed it on August 201, 201.

B. However, as per its original contract, 1/2 of the construction cost is paid directly by the Plaintiff from Hyundai Construction, and 1/2 of the remainder (including KRW 50,141,850, and value added tax) is paid from Hyundai Construction, including the external stone construction work, among the new E-building construction works, which was received from Hyundai Construction, and the Plaintiff was paid as a sewage supplier for the defendant Twit Construction Business.

C. Accordingly, the Plaintiff requested for the payment of the said construction price to Defendant Ho-ju, but Defendant Ho-ju did not pay it. On February 10, 2012, 201, the Plaintiff prepared a written consent of direct payment requesting the Plaintiff to pay the amount stated in the said paragraph (2) to Hyundai Construction’s payment to the Plaintiff. D.

The plaintiff presented the above written statement of non-performance to Hyundai Construction, and Hyundai Construction concurrently accepted the above obligation to pay the construction price to the plaintiff by the defendant Ho-ju.

E. The Plaintiff did not pay the construction price to the Plaintiff even though Hyundai Construction assumed over the obligation to pay the construction price for the Defendant Il-il Business. The Plaintiff claimed for the payment of the construction price to Defendant Il-il Business, and the Defendant Il-il Business paid KRW 15 million to the Plaintiff.

F. On the other hand, on February 28, 2013, Hyundai Construction is the Plaintiff or Defendant Han-il business, and the fact that the cause of deposit was paid to Defendant Han-il business for the construction cost claim amounting to KRW 78,051,188, which was paid from Hyundai Construction.

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