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(영문) 대구지방법원 2015.06.26 2014가합4860
공탁금출급청구권확인
Text

1. Between the Plaintiff and the Defendants, the Daegu District Court deposited on November 28, 2012 as the Daegu District Court No. 9482 in 2012.

Reasons

1. Basic facts

A. On April 15, 201, the Plaintiff, enzymar Construction Co., Ltd. (hereinafter “Cymar Construction”), Co., Ltd. (hereinafter “Cympi Construction”), and Co., Ltd. (hereinafter “Cympise Construction”) agreed that the Plaintiff and Enzympi Construction Co., Ltd., among the instant construction works, shall jointly supply “the instant construction works, 45-2 tools Project 45-2 tools Project (hereinafter “instant construction”) from Daegu Metropolitan City, and the Plaintiff and Enzympi Construction, among the instant construction works, jointly perform the said construction works (50:50).

(hereinafter “instant contract”). (b)

On December 2011, the Plaintiff and the filial son Construction subcontracted the instant construction work to Western Co., Ltd. (hereinafter referred to as “west”) at KRW 6,607,00,000 in total for the construction cost.

With respect to the above contract, the Daegu Metropolitan City Construction Management Headquarters, the Plaintiff, the principal contractor, the construction of expired, and the subcontractor, the subcontractor, agree to pay the subcontract price directly to the sewage supplier(s).

C. The Plaintiff and the Filient Construction entered into a subcontract with respect to the instant construction to KRW 2,413,300,000 with respect to the land during the instant construction, and entered into an agreement on direct payment with the ordering person and the Filient Construction.

In August 16, 2012, Fz. Construction waived the instant construction project, and the Daegu Metropolitan City terminated the construction contract with Fz. 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. On November 28, 2012, the Daegu Metropolitan City Construction and Management Headquarters shall pay for KRW 294,143,000 among the remaining construction costs of the instant construction works.

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