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Reasons
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(영문) 울산지방법원 2016.05.26 2015가합20038
공탁금출금청구권 확인청구의 소
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1. The part of the instant lawsuit against the Defendant Republic of Korea is dismissed.

2. B B between the Plaintiff and the Defendant corporation:

Reasons

1. Basic facts

A. The Plaintiff and C and D’s contract for construction work was entered into 1) The Plaintiff around August 2010, and C and D (hereinafter “contractor”).

(B) The construction of expanding the area equivalent to 1,700.27 square meters in size with respect to the building of the 1st underground floor and the 5th floor Mecar Center on the ground in Ulsan-gu E (hereinafter “instant construction”).

(1) The Defendant Company B (hereinafter “Defendant Company”) was awarded a contract with the Plaintiff at KRW 1,600,000,000. The Plaintiff did not have a license to engage in construction work and thus, the Plaintiff is deemed to be the Defendant Company.

(2) On March 1, 2011, the construction contract amount of KRW 1,000,000 in the name of the Plaintiff was changed to KRW 550,00,000 in the name of the Plaintiff, and the construction contract amount of KRW 1,050,000 in the name of the Defendant Company was changed to KRW 1,00,000 in the name of the Defendant Company.

3) On October 10, 201, the Plaintiff delivered the Medicar Center building that was extended after completion of construction on October 10, 201 to the contractor. B. The Defendant Company’s bankruptcy committed a de facto bankruptcy situation around March 201, and on May 31, 2011, the Defendant Company paid approximately KRW 2,80,000 (2.8 billion), KRW 5,000,000 (5 billion) and KRW 5,000,000 (5 billion) to the order of Busan District Court on July 22, 2011, the rehabilitation procedure was determined to be impossible, and the decision was finalized on March 27, 201 to pay the additional construction cost claim against the Defendant Company C on June 20, 201, the director of Busan District Tax Office and the head of Busan District Tax Office claimed for the payment of the construction cost to the Defendant Company C on June 31, 2011, the amount of the construction cost to be paid to the Plaintiff 36.

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