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(영문) 서울서부지방법원 2020.07.03 2019가단238353
공탁금 출급청구권 확인
Text

1. Of the KRW 110,241,00 deposited by the Seoul Northern District Court Decision 2586 on July 3, 2019, 49,851.

Reasons

1. Facts of recognition;

A. E Co., Ltd. (hereinafter “E”) entered into a contract with the Defendant for the instant work (hereinafter “instant contract”), and the Plaintiff Co., Ltd. (hereinafter “A”) entered into a contract for the manufacture and supply of cable tracks necessary for the instant work with the Defendant, and the Plaintiff Co., Ltd. (hereinafter “B”) entered into a contract for the construction of the same frequency control line with the Defendant for the instant construction work. B. The Plaintiff Co., Ltd. (hereinafter “B”). From August 1, 2018 to November 14, 2018, supplied cable tracks and other materials to the Defendant, and owned KRW 66,659,620 from the price of the goods, and the Plaintiff Co., Ltd. (hereinafter “E”). From September 5, 2018 to January 31, 2019, the Plaintiff Co., Ltd. (hereinafter “A”) agreed to the Plaintiff Co., Ltd.’s additional construction price of KRW 609,300,000,000 for the instant construction price to the Plaintiff 200.

“Preparation of a direct non-payment agreement,” and Plaintiff B agreed on February 28, 2019 that the Defendant and the debtor (Defendant) shall pay to the creditor (Plaintiff B) for the instant public case, in direct payment, from E.

“The Defendant (Defendant) agrees to dispose of the amount (15,680,860 won) that the debtor has to pay to the creditor (Plaintiff B) with respect to the instant public case, during the previous payment period, in E.

“Prepared a direct non-performance agreement.”

The above 4,709,140 won and 15,680,860 won and hereinafter referred to as "construction price of this case".

D. The Defendant was not paid the price of the instant goods and the construction cost of the instant case by the Defendant, and the Seoul Rehabilitation Court was the Seoul Rehabilitation Court as of March 29, 2019.

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