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(영문) 수원지방법원성남지원 2015.08.12 2014가단219919
공탁금출급청구권확인
Text

1. Of the KRW 386,618,790 deposited by Kuwon-nam Branch of the Suwon District Court in May 8, 2013 as gold No. 1494, 2013;

(a) 14.

Reasons

1. Basic facts

A. On May 27, 2011, the Young-si: (a) concluded a contract for construction works with Defendant AD General Construction Co., Ltd. (former: hereinafter “Defendant AD General Construction Co., Ltd.”) during the period from May 27, 201 to September 13, 201 (hereinafter “instant construction works”); and (b) the period from July 6, 201 to September 13, 2012.

B. On June 27, 2012, Plaintiff Cho Jae-soo Co., Ltd. (hereinafter “Plaintiff Cho Jae-chul”) entered into a subcontract for tin construction and the instant construction among the instant construction works, respectively, on condition that the construction period was from June 27, 2012 to September 13, 2012, and the construction price was KRW 160,050,000 (including value-added tax).

C. On July 27, 2012, the Plaintiff P&C Co., Ltd. (hereinafter “Plaintiff P&C”) entered into a subcontract on the instant construction project with Defendant E-A comprehensive construction and the instant construction project, but the construction period was from July 27, 2012 to September 13, 2012; and the construction cost was KRW 201,300,000 (including value-added tax).

Plaintiff

C. The construction of stone, acceptable-si, and Defendant A.B. on June 27, 2012

The plaintiffs' team agreed to pay the subcontract price stated in the port directly to the stone, and the plaintiff's Jung L&C, Young-si, and the defendant's comprehensive construction on July 27, 2012.

The subcontract price stated in the port was agreed to be paid directly by the plaintiff Jeong-woo C&C.

E. The obligation to pay KRW 386,618,790 as the instant construction price to Defendant A general construction. However, on May 8, 2013, for the reason that the real obligee cannot be identified under the claim attachment, provisional attachment, and direct payment contract with respect to the instant construction price, etc., the Suwon District Court’s Sung-si branch branch of Sungwon District Court (Seoul District Court Decision 1494, the latter part of Article 487 of the Civil Act, and the Civil Execution Act.

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